Criminal Law
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Answered in 3 minutes by:
1/5/2010
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 41,472
Experience: 10+ years defending Misdemeanor and Felony cases.
VerifiedA police officer needs probable cause to stop a motor vehicle. If a vehicle and/or suspect matches the description given out in regards XXXXX XXXXX burglary, the officer can stop a car and approach the driver. If the officer feels that you are armed, they could order you outside of the vehicle until their investigation is complete. If you met the description of the burglar, the officer could open your door and order you out. If it turns out that the description given to the officer does not match your appearance and vehicle, the evidence found thereafter could be suppressed as the officer had no probable cause to order you out of the vehicle and search it.
I just told you above. If the officer saw the screen in "plain view" they could open the door, as it would give them probable cause to search the vehicle for drugs or other drug paraphernalia. If the officer did not see the screen until after the door was open and there was no reason ( i.e. officer safety) to ask you to step out of the vehicle, then it could be suppressed. The 4th amendment applies to individuals in a home. A person has a lower expectation of privacy in a motor vehicle. To sum it up, based upon the facts you stated, the officer would have either 1) had to view the "screen in plain view or 2) had a valid reason to open the door and order you out, if this is going to be used as evidence. A simply "screen" with no residue on it, found on the floor of a car, would not give the DA enough evidence to go forward, in good faith, with charging you with paraphernalia.
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 41,472
Experience: 10+ years defending Misdemeanor and Felony cases.
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).
