hi
i need a little clarification - are you saying the original stopped based on the police saying they thought the car was involved in a robbery? and then while stopped drugs were found in the car or on the person
Drugs Investigation At Court Hear the police was asked about the car stop of
person # 1 who said that we was stop on the high way for a Robberty taking to the police station and was told againt it was for a robbery. later at the station search his cellphone and was infor. that he was arrested for drugs trafficking.
taking to federal prison and transfer 24hrs. to state prison 90 days later charge drop by state ,but pick-up by Fed.
Did the arrest for robberty violation his rigthon a false arrest.
the police can legally stop a vehicle/person if they have reasonable suspicion/probable cause to do so. so, if the police stopped this vehicle on the premise of suspected in a robbery that would be a lawful and legitimate stop. once that occurs, an officer can futher the investigation with a search of the vehicle/person. now, even though those charges were not made and it was instead a drug charge that would be legitimate - however, the police certainly would need to support the basis for the original stop - for instance, there should be reports of a description or the vehicle/person. otherwise, it could be questionable and a defense attorney should look into the basis of the original stop. if that stop was not lawful then any evidence gathered subsequent could be argued as inadmissible.
also once the state decides not to proceed, the feds can pick up those charges with that evidence - but the same applies on whether that evidence should be admissible based on the merit of the original stop.
there are many cases involving the 4th Amendment from the US Supreme Court. you can go to this link to read those cases
Attorney at Law
20 years practicing law
you're welcome. good luck
IF THE FEDERAL DEA TASK ENFORCEMENT ARRESTED you into custody AT A FERDERAL DETENION JAIL FOR 24 HRS. TRANSFER YOU TO STATES PRISON \AFTER 90 DAYS BACK TO FEDERAL PRISON
DOES MY FEDERAL TIME START AT THE FIRST ARREST BY FED. OR AFTER THE STATE SEND BACK TO THE FED.
that time is at the discretion of the judge. a judge can allow for time served which would start the sentence back to the date of arrest - the state time would not be included however. therefore the court may grant - as opposed to shall grant - the one day and then any future federal incarceration time before trial or plea hearing
WHAT I'M TAlking DOES MY SPEEDY TRAIL START AT THE FIRST DAY THAT THE FEDERAL PUT ME IM CUSTODY IN A FEDERAL JAIL OR AFTER I WAS INDICTED BY FEDERAL
thank you for that clarification. after indictment. i thought you were asking about time served being credited by the court at time of sentencing.
U.S. V. TAYLOR ACT BEGIN ONLY AFTER A FEDERAL RESST, NOT A STATE ARREST SPEEDY TRAIL ACT NOT IMPLICATED UNTIL DEFENDANT WAS EITHER TAKEN INT FEDERAL CUSTODY ON FEDERAL CHARGES OR INDDICTED ON THOSE CHARGE THE THE SPEEDY TRIAL ACT TRIGGERED O MY FIRST ARREST BY THE FEDERAL GOV.
if there was a criminal information for the charges then that is all that is necessary to begin the speedy trial process. however, if for some reason the criminal information was set aside and they sought an indictiment then that means they were at square one; therefore, so are your rights for a speedy trial. many times, a criminal information will be used for charges. the criminal information does not have all the charges. so they will be set aside and an indictment sought. it is a way of holding a person and then gaining more evidence to get an indictment.
only the case law i provided to you. it is difficult for JA experts to access specific case law because there are fees associated with those services and because we only get 1/2 of an accept deposit, it is not cost effective to be tapping into those resources however, if you want, i can opt out and see if another expert has those services.
I JUST NEED TNE NAME
name of what? i dont have the name of such a case off the top of my head. that is what i was explaining to you
iF YOU HAVE criminal information
wHAT DOES THIS MEAN
it is a statement of charges based on probable cause. its when an investigating officer takes the evidence they have an seeks a criminal information for a warrant as opposed to the prosecutor taking the matter to a grand jury for an indictment.