Criminal Law

Yes, I was arrested today for fraud. Passing a forged prescrption…

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Yes, I was arrested today...
Yes, I was arrested today for fraud. Passing a forged prescrption at a pharmacy. The police read me my rights and asked if they could search my car and I said NO! Well, They did anyway and are holding most of my property. Don't they need a reason to search my car and where eas the search warrant. They didn't wait for one. Is this right?... Read full answer
Yes, I was arrested today for fraud. Passing a forged prescrption at a pharmacy. The police read me my rights and asked if they could search my car and I said NO! Well, They did anyway and are holding most of my property. Don't they need a reason to search my car and where eas the search warrant. They didn't wait for one. Is this right?
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Answered in 3 hours by:
5/14/2009
CrimDefense
CrimDefense, CriminalDefenseAtty
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The police can search your vehicle, incident to a lawful arrest, if it was in your possession at the time. If they pulled you over in your car and arrested you, they could search the vehicle. However, if they can to your home to make the arrest and then went into your car, there could be a valid basis for a motion to suppress evidence, found in the vehicle, unrelated to the arrest. You should contact a criminal defense attorney and have them look into the facts of your case. They will need to see the basis for the search of the vehicle. If it was not justified, the evidence would possible be suppressed and not allow in, at trial.
CrimDefense
CrimDefense, CriminalDefenseAtty
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Customer reply replied 10 years ago
I really didn't explain this very well. I was arrested in the Walgreens pharmacy by the police. My car was parked in the parking lot locked and they just asked me if they could look in the car and I said NO!. They did anyway and seized all my property looking for more charges they could add on. There was no way they had time to get a search warrant or really my question is what did my car have to do with the arrest inside the store for fraud. It was not involved with carrying contraband or anything (just an example). I hope that is explained better.
If they did not find anything in the car, there is really no point in making any legal argument. If evidence was seized, then there could be a motion to suppress. The car would need to be inventoried, if you were arrested, so they would have to go through it, one way or another.
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Customer reply replied 10 years ago
There was other incriminating material in the car like other fake prescriptions. Did they have the right to search my car. It was not involved in the crime itself. It was parked, locked and they just took the keys and searched it. Now they have more possible charges they can add. I didn't know they could do that unless I was stopped and caught carrying contraband, etc For that matter, does that mean they could go to my house and search it too?

Your attorney needs to read the arrest report and see the basis for the search. If it was after the arrest and as part of an inventory, they would be able to search it and use the prescription against you. If they asked to search you car before the arrest and you did not consent, there could be a legal issue. There are two sides to every story. While I believe your version, the police may say something else, to get around the search. The car may be linked to the commission of the crime, since it was the transportation that you took to get to the pharmacy.

CrimDefense
CrimDefense, CriminalDefenseAtty
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Customer reply replied 10 years ago
When is it considered an actual arrest? If you are handcuffed and put in a police car, is that considered an arrest or questioning? If you are read your rights aand then asked if they can search your car and you said, NO! Do they have the right to search the car if the crime didn't involve the car at all?
When you are in handcuffs and not free to leave, it can be assumed you are under arrest. It would be at that time, your Miranda rights would need to be read, if the police are questioning you, about the crime which you are being held in custody on. If you are arrested and the car is at the scene of the crime, they could arrest you and search the vehicle incident to a lawful arrest and also to inventory your vehicle because it would need to be towed. It can not just be left at the pharmacy.
CrimDefense
CrimDefense, CriminalDefenseAtty
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Customer reply replied 10 years ago
Does Does it matter if it Does it matter Does it matter if it was Does it matter if Does it matter if it was not my Does it Does it matter if it was not Does it matter if it was not my car. It actually owned by a used car dearlership that let me test drive the car overnight to see if I wanted to buy it.They owned it, I didn't. Make any difference?
No, as long as the car was in your control. You can argue that you did not know what was left in the car from the previous holder of it, as it belonged to the dealership.
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Customer reply replied 10 years ago
No, It was my belongings. There were records of where I have been in the past and done this and prescription sheets (blank and some just filled, not used) Can the police do anything with this information. I mean they cannot go back weeks and prove I was the one who committed this crime because I have a note or receipt. They kept my cell phones to see who I have been calling. Can this be done?
The police can use this information, if it can support additional charges. The cell phone really is not an issue but the sheets can be used to link you to other crimes, if it was reported.
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Customer reply replied 10 years ago
It has to have been reported? That is correct?
They would need to link the things you had in the car, to a previous incident. They cant just assume that since you had these papers in the car, you actually went ahead and forged the scripts.
CrimDefense
CrimDefense, CriminalDefenseAtty
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