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I was pulled over after buying sudafed the cop said I wrongly

made the purchase due to...
I was pulled over after buying sudafed the cop said I wrongly made the purchase due to a Meth related conviction 10 years ago that I am no longer on probation for they asked to search the car I consented but upon exiting I was also searched and method was found in the small pocket of my jeans .4 grams was far more than a safety pat down is this illegal search and seizure
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Answered in 59 minutes by:
8/2/2013
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 30,995
Experience: Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
Verified
Hi,

My name is XXXXX XXXXX I'd be happy to answer your questions today. I'm sorry to hear that this happened.

Did your probation or parole give you any sort of life-long prohibition on purchasing sudafed? Did the officer see you make the purchase, or have any other reason for pulling you over?
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Customer reply replied 4 years ago

The prior was a misdomenor and no ban from purchasing and completed probation for it in 2003. The stop was for failing to signal a turn and thank you for your help

Customer reply replied 4 years ago

They have also seized my car and want me to work with them

Thank you for clarifying.

If they're trying to get you to make a deal to work with them, you may want to talk to a local attorney. It sounds like they may be willing to give you immunity if you testify against another person who either makes or sells meth. They're really more interested in the distributor than the end user. With that said, make sure that you have guaranteed immunity - from the prosecutor - before you say anything. Police officers cannot promise that a DA won't bring charges, and people in your position can get into trouble that way. You may want to wait for an attorney to be appointed for you before you talk to them at all.

Getting back to your original question, if the officer saw you fail to signal a turn, then the original stop was valid. Everything flows from that starting point. Your consent to search the vehicle is also valid, if the original stop was valid. However, if you did not consent to search your person, and they had no reason to believe you were armed or dangerous, there is an argument that they were not permitted to pat you down, and that the search was therefore illegal. If they weren't allowed to pat you down, the drugs can't be used against you, which means that it may be possible to have the charges dismissed.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
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Customer reply replied 4 years ago

Thank you so very much I am hopeful. I'm now hiring legal defense and not working for them so I can only assume they will arrest me and send the papers over to the states attorney I did let them search car I did not say yes to my person. So I am going with the illegal search based on I had not committed a crime nor do I have any violent background would you say I have a good chance

It's very difficult to evaluate without all of the facts. Your attorney will be able to give you a better idea of your chances after reviewing the police records.
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 30,995
Experience: Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
Verified
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Lucy, Esq.
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 30,995
30,995 Satisfied Customers
Experience: Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.

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