Repost: unlawful search

[Theconnectsean]

What is the name of your state (only U.S. law)? Georgia
The police arrested me for coming out of the park after it closed. I told them I had to pee so they also cited me for public urination. When asked for my ID, I had to get it out of the car. I asked the police could I lock my car back and he stated that he would lock it. When I was put in the police car, I saw the police open my car door and lean inside to search it. Is this illegal search enough to get all charges thrown out.

 

[Proserpina]

What is the name of your state (only U.S. law)? Georgia
The police arrested me for coming out of the park after it closed. I told them I had to pee so they also cited me for public urination. When asked for my ID, I had to get it out of the car. I asked the police could I lock my car back and he stated that he would lock it. When I was put in the police car, I saw the police open my car door and lean inside to search it. Is this illegal search enough to get all charges thrown out.

What did your attorney tell you?

They didn't need permission to arrest you for being somewhere you shouldn't have been, and your desperate need to relieve yourself is irrelevant to the concept of "illegal search".

 

[Silverplum]

What is the name of your state (only U.S. law)? Georgia
The police arrested me for coming out of the park after it closed. I told them I had to pee so they also cited me for public urination. When asked for my ID, I had to get it out of the car. I asked the police could I lock my car back and he stated that he would lock it. When I was put in the police car, I saw the police open my car door and lean inside to search it. Is this illegal search enough to get all charges thrown out.

Why did you delete and repost?

We aren't here to play stupid games.

 

[Silverplum]

What did your attorney tell you?

Waste of time, Pro. We already did the whole dentist thing, nothing came of the so-called search, and then OP deleted and reposted.

 

[CdwJava]

The "search" of the car did not result in evidence against you. If evidence had been uncovered and you had been charged or the items seized, you could seek to have the evidence suppressed or the items returned (if not illegal), but, as it is all you may have is a complaint to the local agency employing the officer. If there was no evidence found in the car, then there is nothing to suppress.

If you mount a defense, mount it based upon the facts surrounding the trespassing (the park, park hours, signage, etc.) and the urination (no evidence, statement only, etc.). You might consider consulting legal counsel to determine your options and whether it might be in your interest to employ counsel or not. These might be offenses punishable by a fine only, but if they could involve jail time, you may be eligible for court-appointed counsel if you cannot otherwise afford an attorney.

 

[Proserpina]

Why did you delete and repost?

We aren't here to play stupid games.

Received answers he didn't like? I get grumpy when they do that. Hrmph.

 

[Theconnectsean]

What did your attorney tell you?

They didn't need permission to arrest you for being somewhere you shouldn't have been, and your desperate need to relieve yourself is irrelevant to the concept of "illegal search".

Thank you for your response

 

[Just Blue]

What is the name of your state (only U.S. law)? Georgia
The police arrested me for coming out of the park after it closed. I told them I had to pee so they also cited me for public urination. When asked for my ID, I had to get it out of the car. I asked the police could I lock my car back and he stated that he would lock it. When I was put in the police car, I saw the police open my car door and lean inside to search it. Is this illegal search enough to get all charges thrown out.

Yup. Legal!!

 

[Theconnectsean]

Received answers he didn't like? I get grumpy when they do that. Hrmph.

I mistakingly attached my name to it. Listen, this forum is new to me. I didn't realize there was so much hostility. A friend suggested it and I'm asking a question. Someone replied, I should repost the thread and remove my name from it. I'm only here for answers.

 

[Silverplum]

I mistakingly attached my name to it. Listen, this forum is new to me. I didn't realize there was so much hostility. A friend suggested it and I'm asking a question. Someone replied, I should repost the thread and remove my name from it. I'm only here for answers.

You received answers. Twice.

 

[Theconnectsean]

Why did you delete and repost?

We aren't here to play stupid games.

Someone her suggested that I delete the thread and repost it. I mistakingly attached my name to the original post

 

[Silverplum]

Someone her suggested that I delete the thread and repost it. I mistakingly attached my name to the original post

That is true. We told you take your name off the title.

 

[Theconnectsean]

The "search" of the car did not result in evidence against you. If evidence had been uncovered and you had been charged or the items seized, you could seek to have the evidence suppressed or the items returned (if not illegal), but, as it is all you may have is a complaint to the local agency employing the officer. If there was no evidence found in the car, then there is nothing to suppress.

If you mount a defense, mount it based upon the facts surrounding the trespassing (the park, park hours, signage, etc.) and the urination (no evidence, statement only, etc.). You might consider consulting legal counsel to determine your options and whether it might be in your interest to employ counsel or not. These might be offenses punishable by a fine only, but if they could involve jail time, you may be eligible for court-appointed counsel if you cannot otherwise afford an attorney.

Thank you so much. I'm getting slaughtered up in here for deleting my original post. I mistakingly attached my name to it and couldn't edit it out. This is a tough group, but I am so appreciative of your answer and patience we me being new to this.

 

[quincy]

Someone her suggested that I delete the thread and repost it. I mistakingly attached my name to the original post

The deleting and re-posting was EXACTLY what you were advised to do, Theconnectsean, so thank you.

If you read the comments posted to your other thread, Highwayman said that if the officer did not add additional charges to the public urination and the being in the park after closing, the search would not play a role in getting your two charges dismissed.

Thank you again for reposting.

 

[Theconnectsean]

That is true. We told you take your name off the title.

Thank you so much. This is a tough bunch. I do appreciate you all.