Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Criminal Law

I let a friend borrow my car for a short errand. She

Customer Question
I let a friend...

I let a friend borrow my car for a short errand. She violated my trust in her was stopped for a minor traffic violation and was searched for drugs. She was put in jail and my car was impounded from the Wal-Mart parking lot where she was stopped. Because of the justice system in Boyle county she pleaded to a class d felony. I an 68 years old retired from the US Air force and my vehicle has been stopped 9 times in less than 2 months for minor traffic violations such as not turning on a signal less than 100 feet before the intersection. The car has been searched 3 times with nothing found. After each traffic stop the police tell me it because of the drug arrest in late September. They also state that they will keep stopping my car. The police follow us all over town especially after dark with their headlights turned off. Also at each stop they slander my good name stating that I buy girls drugs for sex which is totally untrue and unfounded. I'm to the point I'm tired of this and I'm becoming afriad of the police myself. Each time we are stopped my female companion is subjected to a humiliating body search by male officers. Please advise because I believe this is an unreasonable search

Lawyer's Assistant: What state is this in? And can you tell me a little more about the charge?

I'm in Kentucky the original charge was a small amount of meth drug that she had in her possession. She received a 1 year sentence. She was put in jail Sept 25 2017 and was placed on HIP about December 22 2018. I have nothing to do with her any more because she violated my trust

Lawyer's Assistant: Has anything been filed or reported?

No no since her arrest in Sept

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I can't think of anything. It's annoying and at times down right scary

Submitted: 1 month ago.Category: Criminal Law
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 3 hours by:
12/29/2017
Criminal Lawyer: James Daloisio, Lawyer replied 1 month ago
James Daloisio
Category: Criminal Law
Satisfied Customers: 233
Experience: 30 years experience in criminal law, continuing education.
Verified

Hi, my name is ***** ***** welcome to Just Answer.

There are different levels of proof that the police are required to have before taking certain actions.

The lowest level is an "articulable suspicion of criminal activity," which is what allows them to stop your car. They have to be able to point to some fact or circumstance that suggests the possibility of criminal activity. A traffic violation, a broken tail lamp, erratic driving, etc. They can't just stop you because they recognize you from some incident in the past.

The next level is "probable cause," which is the level of proof necessary to conduct a search or make an arrest. They have to point to specific facts and circumstances that would lead a reasonable and prudent person to conclude that something illegal to possess or constitution evidence of a crime is present, thus justifying a search, or that a person committed a crime, thus justifying an arrest. This has been defined as "entertaining a strong suspicion of guilt."

You indicated that you have been stopped "for minor traffic violations." They can do that.

But they can't search the car, or search the driver and passengers, unless they have probable cause to believe there's contraband there. And those body searches are improper. Courts have upheld strip searches and body searches of prisoners, detainees, and inmates at jail and prison facilities, or in police department lockups. But when you're out in the field on the side of the road, and the police do not have evidence to arrest you and take you into custody, the requirements for conducting a body search are rigid. Most police departments have a requirement that field body searches are to be conducted only under "exigent circumstances." Some states require that a search warrant be obtained to conduct field body searches. At a minimum, there must be an immediate risk to life, property, or a risk of the destruction of evidence or a suspect escaping.

So...the first thing to do is identify the wrong doing. Stopping you for minor traffic violations is not improper or illegal. But routinely searching your car and your passengers, and you, with no other reason to suspect criminal activity other than something that happened in the past, is a violation of your Fourth Amendment rights. Generally speaking, there are only three occasions that justify a body search in the absence of "exigent circumstances:" (1) With a search warrant, (2) at a border or an airport, and (3) at a detention facility.

Then it's a matter of deciding whether you want to complain to the police department directly or consult with a civil rights attorney. Fourth Amendment violations by law enforcement can give rise to a lawsuit under Title 42, U.S. Code 1983. Here's the text of that statute:

"Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia."

Section 1983 lawsuits can be filed in state or federal court.

The fact that your were told by the police that they are going to keep stopping your car is troubling. It shows an intent to violate your rights. So your options are:

1. do nothing and hope they get tired of bothering you;

2. file a complaint with the department;

3. sue them.

Feel free to ask follow up questions here if you need more specific information. My goal is to earn a five star rating from you. Thank you for using Just Answer.

Ask Your Own Criminal Law Question
Was this answer helpful?
Ask James Daloisio Your Own Question
James Daloisio
James Daloisio
James Daloisio, Lawyer
Category: Criminal Law
Satisfied Customers: 233
233 Satisfied Customers
Experience: 30 years experience in criminal law, continuing education.

James Daloisio is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,194 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,063 satisfied customers

16 yrs. of experience including criminal law.

RobertJDFL

RobertJDFL

Lawyer

1,862 satisfied customers

Experienced in multiple areas of the law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

Nate

Nate

Lawyer

1,736 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,631 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

AttorneyTom

AttorneyTom

Lawyer

1,242 satisfied customers

Attorney

< Previous | Next >

Related Criminal Law Questions
Can a court-appointed criminal attorney [CJA] refuse to
Can a court-appointed criminal attorney [CJA] refuse to admit material evidence related to a case [reverse 404b evidence] and calling (or submitting a motion for witness subpoena) for witnesses of a d… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
1. can charge in criminal court for theft of services. In
1. Fred can charge Susan in criminal court for theft of services. In addition he can file a lawsuit in civil court to collect money.2. Fred does neither and sells me the money she owes him ( accounts … read more
Expert James
Expert James
Doctoral Degree
11,762 satisfied customers
If a criminal case felony was resolved in court with
if a criminal case felony was resolved in court with probation and closed.. CAn it be repopened' … read more
James Daloisio
James Daloisio
Lawyer
233 satisfied customers
Do you assist in a criminal defense of a court action in WV.
Do you assist in a criminal defense of a court action in WV … read more
Michael J, Esq.
Michael J, Esq.
Solo Practicioner
Doctoral Degree
3 satisfied customers
I have a police criminal complaint on me and under the
I have a police criminal complaint on me and under the "Statue Description" section they put 18 PA. CSA Section 2701(a)(1) Simple assault. Then underneath it in the "Acts of the accused associated wit… read more
James Daloisio
James Daloisio
Lawyer
233 satisfied customers
I have a criminal case that will have another court session
Hello, I have a criminal case that will have another court session this upcoming Monday … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,599 satisfied customers
What does grant relief in the interest of justice mean?
hi what does grant relief in the interest of justice mean? … read more
Thomas Swartz
Thomas Swartz
Attorney
Juris Doctor
2,860 satisfied customers
The department of justice has a incorrect entry in my
The department of justice has a incorrect entry in my husband rap sheet and immigration is accusing him of an aggravated felony how can if fix that ?… read more
Van
Van
Retired Criminal Court Judge
Juris Doctorate
84 satisfied customers
Can probable cause be challenged on appeal if it wasn't
Can probable cause be challenged on appeal if it wasn't raised in the trial court and a plea of no contest was entered 2 years ago? I was stopped for a marked lanes violation and the cop claimed I dri… read more
Zoey, JD
Zoey, JD
Doctoral Degree
182 satisfied customers
In criminal court, I understand that when an accused has
In criminal court, I understand that when an accused has Clemency from the State Board of X that it can not be held against the accused.So what about in civil court?… read more
Ray
Ray
Lawyer
Doctoral Degree
31,369 satisfied customers
Person pulled over in dui traffic stop - no probable cause -
person pulled over in dui traffic stop - no probable cause - while pulled over sheriff saw he had active warrant out of state so he is in custody for his out of state warrants—BUT no charges are fille… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
35,814 satisfied customers
I live in Michigan. Can I file a criminal complaint for
I live in Michigan. Can I file a criminal complaint for usury? I was charged 60% interest on a 20k personal loan from a private individual. During a court hearing in which the plaintive was sueing me … read more
Thelawman2
Thelawman2
Doctoral Degree
1,300 satisfied customers
In criminal law, if someone is awaiting sentencing of a
Second opinion] In criminal law, if someone is awaiting sentencing of a Federal Felony and I have evidence that should be considered by the sentencing Judge, how can one ensure the evidence is brought… read more
James Daloisio
James Daloisio
Lawyer
233 satisfied customers
Is it not uncommon for criminal court judges or their
Is it not uncommon for criminal court judges or their court's administration (e.g. bailiffs) to manipulate the only clock on the wall in the courtroom (e.g. set it purposely ahead of or behind the act… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I had a criminal court hearing and was sentenced, but was
I had a criminal court hearing and was sentenced, but was never sworn in can this be thrown out… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
2,173 satisfied customers
I need a criminal justice lawyer knowledgeable on advocacy
I need a criminal justice lawyer knowledgeable on advocacy for substance abuse crimes … read more
Zoey, JD
Zoey, JD
Doctoral Degree
182 satisfied customers
Is the smell of marijuana in a vehicle probable cause for a
Is the smell of marijuana in a vehicle probable cause for a search in the state of Massachusetts?… read more
Zoey, JD
Zoey, JD
Doctoral Degree
182 satisfied customers
In the criminal justice arena there are different sentencing
In the criminal justice arena there are different sentencing schemes. They are determinant, indeterminate, and mixed sentencing (a combination of the first two). I'd like to know which states use whic… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
8,305 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x