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LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 28330
Experience:  10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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I was pulling out of a private parking lot oon to a public

Customer Question

I was pulling out of a private parking lot oon to a public roadway where I could only turn right due to a median separating the 4 lanes. A olathe, kansas police observed me and pulled me over for not signaling. After waiting 5 min and after two other police units arrived, he approached and explained the reason for the stop. I gave him my ID and insurance, he went and ran my licence, and ten min later returned asking me to step from the vehicle so he could explain the "ticket". It was raining out so I declined because my window was down enough where our conversation was not obstructed. He said ok, turned around and minutes later a drug dog was jumping all over my car. The handler made the dog alert to my car, and a very small quantity of meth and 20 morphine pills were found, inside of a zipper bag, inside of a backpack, on the other side of the car where the dog "alerted". I was arrested and charged, but no citation for failing to use my blinker was issued. At preliminaries, the police officer admitted he did not see me "not" use my blinker, and called the canine unit seconds after he got behind me. Are you serious?? Probable cause, illegal search and seizure, help?
Submitted: 2 years ago.
Category: Legal
Expert:  LegalKnowledge replied 2 years ago.
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 afternoon. I certainly understand the situation and your concern. In order for the Officer to stop your vehicle, there needs to be a legal basis to support it. You shared above that the officer originally said he observed you and pulled you over for not signaling ( which could other be an issue) but then admitted that he never actually saw you change lanes and if there was a signal on, to begin with. As such, there is certainly doubt and issues with credibility to attack. With that being said, a motion to suppress could be filed if there was no basis to stop the vehicle to begin with. Moreover, the officer would need probable cause to search the vehicle and if he did not and simply did this as a result of you refusing to exit the vehicle, in the rain, then there also could be grounds to suppress the search. If so, the meth and pills could not come in. A deposition of the officer would need to be taken and all the other facts need to be flushed out. If the officer admitted he never actual saw if a signal ever went on when changing lanes and observing you, you could fight this.
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.
Expert:  LegalKnowledge replied 2 years ago.
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!