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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Traffic Law
Satisfied Customers: 118087
Experience:  Attorney with over 24 years of law and traffic law
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My friend was stoped. and they towed is car because he told

Customer Question

my friend was stoped for speeding. and they towed is car because he told them they could not surch his car
Submitted: 2 years ago.
Category: Traffic Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
What is your specific question for us? Did they have probable cause that his car was carrying illegal contraband? Please explain the whole situation?
Customer: replied 2 years ago.
No.he had 2 people in his car that are known drug users .but there was no evidence or suspicous activity.he was pulled over for speeding.everything was fine intell another police officer came and saw the other they asked if they could search his car.he said no.
So they said were towing your car and geting search warrant on monday.they cant do that right
Customer: replied 2 years ago.
They never wrote a ticket and made everyone get out and walk.he has insurance a licence and registration
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your reply.
If they have two known drug users in the car and he was stopped for speeding, the officers would be articulate why they believed that the car may contain contraband. He had an absolute right to refuse the search of the car, which he did, and upon refusal of the search if the officers can articulate why they believed the known drug users would have drugs in the car, then they can impound the car in order to obtain the search warrant they need to search the car.
They did not have to issue a citation immediately and if they never issue a citation (they have up to 12 months under the CO statute of limitations) he would have grounds to challenge the search and impound of his vehicle in the court and seek release without payment of any charges for impound. However, only the court can now release the car. He would need to go to court Monday with a local attorney to file a petition in the court for release of the car and the prosecutor would have to prove the officer's had probable cause and that means they would have to appear and testify as to what makes them reasonably believe the car contains contraband sufficient to hold it and obtain a search warrant. They have to have probable cause and have to be able to explain it to the court to get a warrant to search the car.