Illegal Search

[DaFan334]

What is the name of your state? Douglas County, Colorado

I was pulled over a couple nights ago coming home from a bar down the street from my apartment because the temp tag on my back window had snow partially covering it. After giving the officer my info and whatnot, he came back with everything being all clear but then gave me a roadside DUI check. I blew a .06 which is .01 over the legal limit for DWAI in the state of Colorado, but the officer decided not to press me with these charges if I could just find a ride home. I called a ride to come get me... After this the officer informed me that he would have to move my car so that it doesn't get ticketed or towed for being on the side of the street. I agreed to allowing the officer to park my car, but as soon as he left me in the back of his trooper, he and the other officer with him both went through and searched my car.
Unfortunately they found a bag with an eighth of an ounce of marijuana in a compartment on the car and charged me with possession. But did he have the right to search my car without my permission if the DWAI was never going to be charged? Or does me allowing him to park my car give him that permission?

 

[seniorjudge]

...
I agreed to allowing the officer to park my car, but as soon as he left me in the back of his trooper, he and the other officer with him both went through and searched my car. Unfortunately they found a bag with an eighth of an ounce of marijuana in a compartment on the car and charged me with possession.
...

If I were your defense attorney, I would argue that turning the car over to the cop for "safekeeping" did not give him permission to search the compartment. The prosecutor would argue that it was an inventory search to protect the cops from you claiming that the cops stole or broke something in the car.

This is an iffy case and it could go either way.

 

[Zigner]

I'll go out on a limb here -

You allowed the officer to take control of your car. Part of that would seem to include the officer checking the car "for his own safety".

 

[CdwJava]

If the vehicle is to be stored by law enforcement, an inventory is permitted. As part of that inventory law enforcement may search the entire vehicle and any containers within. Whether this action was consistent with agency policy and practice on impounds is something your attorney will have to evaluate.

- Carl

 

[DaFan334]

They werent impounding the car, simply moving it off of the street and into the parking lot directly next to the street.

Now can they still go after me for a DWAI after the officer through out the breathalyser and said they wouldnt charge me, because of me claiming that they had no permission to check the vehicle?

 

[CdwJava]

They werent impounding the car, simply moving it off of the street and into the parking lot directly next to the street.

That may still qualify. It would depend on the status of the law in your state and in your federal circuit.

Now can they still go after me for a DWAI after the officer through out the breathalyser and said they wouldnt charge me, because of me claiming that they had no permission to check the vehicle?

CAN they still charge you? Sure. But if they have not done so by the time you go trial for the dope possession, then I doubt they will bring it back up. Your attorney can make a suppression motion when/if the state pursues you for the possession charge.

- Carl