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Son pulled over for running red light. Officer asked him to

get out of car and...
Son pulled over for running red light. Officer asked him to get out of car and show ID. He then was asked to show his registration and son said in glove box and he would get for officer. Officer said he would get registration and son said he would. Officer asked him why he could not get in glove box and son said becuase it is my glove box and I will get. Officer slapped cuffs on him and took him to the back of car. Officer got in glove box and found 3 grams of pot and a glass pipe. Son taken to jail on $650.00 bond. Question, wasn't the officer in the wrong to get in glove box? What was his probable cause? Son could have gotten the registration and officer would have never seen. Son was not drunk or high.
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Answered in 19 minutes by:
10/2/2013
CrimDefense
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 29,461
Experience: 10+ years defending Misdemeanor and Felony cases.
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Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good morning. I certainly understand the situation and your concern. If your son ran the red light, the officer certainly had a legal basis to stop and pull over his vehicle. After that, it is certainly questionable as to why he ordered your son out of the vehicle. This is something which his attorney would need to look into and possible depose the officer about, to see why he required you son to step out. Moreover, it is questionable as to why he felt the need to handcuff him as well, unless he thought your son was a threat or was going to flee on foot. If it is determined that the officer had no legal basis to remove him from the car and go into the glove box himself, the marijuana and pipe and any other evidence found, could be suppressed. Without an signs of impair or basis to remove and secure him, the actions of the officer are questionable and need to be looked into.

Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.
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I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!
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Customer reply replied 4 years ago

I am a teacher, so I have to do this when I have a break. I just sent you another question. Thanks for help.

I am sorry but the other question did not appear to go through. Can you please resend it and I would be happy to respond.
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Customer reply replied 4 years ago

Who can see the tapes at the intersection? Can parents is that for atty eyes only? The video tape would show if he was driving reckless. If you were me, what type of atty. should I get?

You should retain a criminal defense attorney. If there is video evidence that can show if he ran the red light, it can be requested by his attorney. Moreover, all evidence which the State is going to use against him, needs to be turned over as well. As far as your ability to obtain it, you can see if a public records request could be made, so you may want to contact the city to inquire about obtaining video evidence if it exists, of the intersection. Regardless, this is something his attorney will look into, if he denies running the light.
CrimDefense
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 29,461
Experience: 10+ years defending Misdemeanor and Felony cases.
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Customer reply replied 4 years ago

Thanks. No, Evan admitted he ran the light and the officer thanked him for stopping so quickly when his lights came on. Evan at a loss as to why he was made to get out of car, and handcuffed and then told that he needed is registration but the officer didn't let him get it.


 


Thanks for all your help and this gives us something to think on. Service was great.

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CrimDefense
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Category: Criminal Law
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