Thats correct--That is what is making me question what to do here.
Had I been in the car, they could have felt endangered by the fact that I MAY have had a gun
in my lap, under the seat, etc. But I was OUTSIDE of my car and THEN put into handcuffs when I denied the right to search. So they were safe from harm.
Could this case be kicked out?
Why did they not phone in a warrant, or tow my car and then proceed to get a warrant?
I haven't yet obtained a copy of the police report
...but I'm very nervous to see it because they've had 14 months to alter it in their favor. I had totally forgot about this incident because they just took it and said they'd test it. And if it came back positive, a warrant would be issued. I was never given a ticket, court
date, nothing from them. I signed nothing! This was the Evansville Police Dept.
This warrant was issued just last saturday in Vanderburgh county for some reason. I figured it would be issued much quicker had something been wrong.