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drugs found during patdown

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E

ebettyo

Guest
My brother was walking up to a friend's house in a questionable neighborhood and a sherrif pulled up, after questioning my brother the sherrif then proceeded to pat him down. During the course of the pat down the sherrif put his hand in my brother's pocket and found a bindle of methamphetamine. My brother was subsequently arrested for posession. My brother feels this was an illegal search because the officer put his hands in his pocket. However, the police report says the bindle was sticking out of the pocket. In court, I doubt they will believe my brother, and since he has a previous arrest for paraphenalia posession I am wondering what his chances are of getting the drugs suppressed as evidence due to an illegal search. My brother thinks that discrepencies such as the officer saying the bindle was sticking out of the right pocket when my brother is left handed will add credence to his assertion that the officer lied in the police report. I think the court will take the officer's word and keep the evidence. What is your opinion?
 



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