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JB Umphrey
JB Umphrey, Lawyer
Category: Criminal Law
Satisfied Customers: 20233
Experience:  Handling criminal and probation matters for over 14 years.
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wha kind of information would be necessary for a judge to dismiss

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wha kind of information would be necessary for a judge to dismiss a controlled substance methamphetamine felony, that would implicate the arresting officers of a wrongful search and seizure of a passenger in a car that was stopped for an expired registration tag?
Welcome and thank you for your question!

Please clarify: were the drugs found on the person or in the car?
Customer: replied 4 years ago.

the drugs where on the person

Thank you. Did the person hand the drugs to the officer?

How did the officer come into possession of the drugs?
Customer: replied 4 years ago.

the officer initiated and followed thru with body search once the person complied by getting out of the car at the officers request. just a minute had gone by when the officer asked if the passenger was on parole or probation which the passenger answered no i am not

As long as a police officer cites his own safety as the reason, he may frisk any motorist during a traffic stop and remove objects from his pockets. You can read a recent federal court decision on this issue here:

So, in order for the judge to supress the drugs/evidence, there will have to be a preliminary hearing about the facts surrounding the stop. If the officer does not say that he frisked the passenger out of concern for his safety, then the judge will suppress the evidence as being illegally obtained and the charges must be dismissed.

I hope that you found this information to be helpful and, indeed, informative and worthy of a positive rating so that I receive credit for assisting you today.

If I have not clarified things, please reply, because I want to make sure that you are satisfied that I have answered all of your concerns!

~~ J.B.
JB Umphrey and 6 other Criminal Law Specialists are ready to help you
Customer: replied 4 years ago.

the officer sites that he thought i may be armed since he states i was fidgeting with my jackets lapel, now if he thought i was armed why would he ask me to step out of the vehicle and walk around the vehicle to the passengers door to greet me there with handcuffs ready to search me ,i was under the believe that lapd procedure when an oficer fears that there is a weapon is to draw their weapon and tell the suspect to exit the car and lay on theis stomach,also i was not mirandised this guy shoved me unto a fence and proceeded to frisk me with out my permission even after i told him that i was not on probation or parole. not only that but the officer stole 80 bucks from my pocket he blamed it on the driver later on. i want my case dissmissed this is 2012 in the usa we have struggled so long to get civil rights upheald and two wrong does not make a right what other adivice can you give in relation to having the-case dismissed

Thank you for the follow-up. For that you would have to have a preliminary hearing about the legality of the search where the officer would testify, any in car video would be shown, etc. and it would be for the judge to determine if they were going to believe the officer or not. If the judge doesn't believe the officer, then the search can be declared illegal and the results of the search suppressed and, thus, the charges dismissed.

So, you and your lawyer can explore the options of filing a motion and having a preliminary hearing about the legality of the search.

~~ J.B.
JB Umphrey and 6 other Criminal Law Specialists are ready to help you

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