Illegal search?

[AmandaC07]

What is the name of your state? Georgia
My boyfriend was pulled over this weekend. When the police approached the car they informed him his tag was expired and they were going to search the car. He asked them if they had a reason to search and they said no they were doing it anyway. During the search they found a gun in a bookbag that he found. He didn't know but the gun was reported stolen. He has never been in trouble and they are charging him with carrying a concealed weapon and a felony theft by receiving. I think the search was illegal but am not quite sure. I know if it is they can't use the evidence, and he can get a second chance. Is this an illegal search or are we stuck with this?

 

[CdwJava]

When it goes to trial, his attorney can review the reports and the justification by the officers for the search. if the search was somehow unlawful then the evidence might be suppressed.

But, without knowing WHY the officers say they conducted a search, there is no way to say whether the search might have been lawful or not.

If his tags were expired, perhaps the vehicle was subject to impound ... if the driver were subject to probation or parole or had warrants, that might have the same effect.

There are just too many possibilities to say for certain.

- Carl