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Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 3169
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Main QUESTION: IS it probable cause when a police officer pulls a car

Customer Question

Main QUESTION: IS it probable cause when a police officer pulls a car over for a traffic violation which will be challenged as well, to conduct a search, if the driver says the vehicle was stolen and people used the car to go buy drugs and then came back..but no drugs in the vehicle.
Is it exceeding the scope of the investigation of pulling someone over for a cell phone or seatbelt to immediately open the car door when he comes there when in the report he says he pulled me out of the car because I mentioned the car was used to buy drugs...but that was not mentioned until the last second when he was getting in his car to run my ID. He then came out of the car before obtaining consent, and after probable cause was said to not exist by me several times, putting his gloves on already so he was going to search that car. Unfortunately after arguing about probable cause, because the drugs in the car were not mine and likely there from when the car was used by others, drugs were found.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Ely replied 1 year ago.
Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. 1) Why did the police officer pull you over originally? Or rather, what reason did they give?2) What are you charged with, exactly? This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.
I also want case law on this
Customer: replied 1 year ago.
The report says cell phone (which he did not say to me when I asked)
When I asked after he immediately opened my door he said I was speeding a little bit (which it is obvious I wasn't in the video because I was 10 feet from a stop sign i stopped at and wasn't accelerating fast), leaning to the right (not illegal), and on the cell phone (can't tell in video)I'm charged with Poss. CS
Expert:  Ely replied 1 year ago.
Thank you. Who was recording on their cell phone?Why did you mention that the car was used for drugs? Or that it was stolen? WAS it stolen? You said something about obtaining consent. Who gave consent? For what, exactly?
Customer: replied 1 year ago.
I want case law on whether admitting the car was the day before or before used by other people to go buy drugs and come back because the car had been stolen and i had just gotten it back...if that is probable cause
Customer: replied 1 year ago.
Cuz I'm an idiot i said these things but I could not hear what he said that prompted me to say they went and bought drugs and came was right when he had gotten in his car to get my license..but he said that i said that right away and that's why he pulled me out of the car
Customer: replied 1 year ago.
the car was actually stolen, and i said i was leaving a house where there was just domestic violence (both he didn't care about at all which you think he would have)
Expert:  Ely replied 1 year ago.
I am going to opt out and open this up for others. I am not sure I can provide case law that you demand to such intricate details.
Customer: replied 1 year ago.
ok i'll sign back on later and see what other say..please give them our whole convo
Customer: replied 1 year ago.
tell them we are challenging the stop and whether he exceeded the scope of his investigation
Customer: replied 1 year ago.
i was charged for this, obviously it wasn't a valid or answer worth paying 49 extra on top of 5 dollar deposit....i have found no way to dispute this. please let the website know i deserve a refund as of course you would agree and no other lawyer has provided any caselaw or response so just let them know please...i don't know why it was marked satisfied to begin with