Arrest and search question

[lyn1122]

What is the name of your state? New York

My son was driving home from a friends house and a police officer ran his plates. It came back that the car had a lapse in insurance during february and march that was never paid for. It february he totaled the original car that belonged to the plates. We then switched them to his new car which he got in march. We were never billed for insurance during that month. However, he was pulled over and arrested for not having the insurance. He was put in handcuffs and sat in the back of the police car. They then searched his car and found a bag of marijuana (which he is dead for having). I want to know, if the insurance was messed up due to either the state, or the insurance company, then is there grounds to dismiss the case? and also were they alod to search his car? He was released from the cop car and they told him they wouldnt tow hi car if he drove straight home. Was he supposed to have had is rights read to him? Please, i need some help.

 

[CdwJava]

My son was driving home from a friends house and a police officer ran his plates. It came back that the car had a lapse in insurance during february and march that was never paid for.

If running the plates resulted in a violation for which the police can detain the driver, then the stop was perfectly lawful.

However, he was pulled over and arrested for not having the insurance. He was put in handcuffs and sat in the back of the police car. They then searched his car and found a bag of marijuana (which he is dead for having).

The search would be lawful if not having insurance is an arrestable offense in NY. A search incident to arrest in the immediate area of the driver is permissable. If they intended to impound the vehicle, then any search is permissable if the "search" is part of an inventory of the vehicle.

The problem I would have is making a custodial arrest on a citable violation and then searching the car. I would think that depending on where in the car the marijuana was found there MIGHT be some argument made for a bad search. If it was in plain view or near the driver's seat, then it's probably a moot point.

I want to know, if the insurance was messed up due to either the state, or the insurance company, then is there grounds to dismiss the case?

Probably not. The stop was still in good faith. He may not have to pay the insurance violation, but he would likely still have to answer for the drugs.

Was he supposed to have had is rights read to him?

Miranda only applies when a person is in custody and then questioned. Unless he confessed after he was cuffed, then Miranda is probably not an issue here.

On a fatherly note, if this were my son he'd be done with the car and a whole lot of other goodies he might have received had he been found with marijuana. My policy for my sons is that MY punishment will be far greater than ANYTHING the justice system can do to them.

- Carl