Can I get this case dropped?

What is the name of your state? Ohio
i work at a drive thru and allegedly sold alcohol to a friend. There was a police officer passing by and he did not see me selling alcohol but saw me talking to my friend. the officer camps out at a near by parking lot and follows my friend for about three miles until he is pulled over. my friend asks why he was pulled over and the officer says its because a license plate light was out, although it was working fine and was not out. the officer then asks if he can search the vehicle and my friend said "I'd prefer it if you didn't", which i believe was interpreted as a no because the officer said okay then said he was going to call in the k-9 unit. the dog began to search the outside of the car and did not scratch sit or bark at anything, no hinting at anything. the officer then opened up the car and put the dog inside and he did the same thing, constantly moving across the car without stopping. It appeared that the dog did not find anything because there were no narcotics in the car and there had never been. At that point the officer began to search the car himself and found the bottle of alcohol. My friend told him he got it from me and the police came to my work and arrested me. In the process if being arrested they found 13 percocets that are unprescribed but i take them for pain and never abuse them. I do not do drugs or drink alcohol. It is my first charge for drugs and second for contributing (first one was an accident and sold to undercover cop 6 months prior).
My question is could this case be dropped because of lack of probable cause and illegal searches? I got in trouble because the officer saw me talking to someone, then followed him and pulled him over for false reasons (license plate light), and then searched his car without permission and without a hit from the k-9 unit. If not what is the minimum and maximum penalties i could be facing? Also the only paper work i have received is the charge for alcohol and nothing for the drugs, whats going on with that?

Are you sure that's how it happened, or is that just what your friend told you? Obviously, your friend doesn't want you to think he ratted you out, so I'm sure he'd tell you a story where he was the victim. What does the police report have to say about the search?

thats the thing im not sure but if he is telling the truth then what do you think my chances are?

Chances of getting evidence suppressed will depend on what the officer has put in the report. I will also say that any chance you have will require the aid of an attorney experienced in this area.

Curt581 is correct. The OP has no standing to challenge the search in the first place and would have no reasonable expectation of privacy if the search were held illegal.

I'm curious about something.

OP says there are two charges: one for the Percocet, one for contributing. In the course of the investigation, they found the Percocet. Okay, done deal.

But if the friend successfully challenges the search, there is, in effect, no alcohol. If there is no alcohol, there is no basis on which to charge OP for providing the alcohol. Isn't that correct?

Not arguing--asking.

No. The only recourse for an illegal search is the evidence cannot be used aginst someone with REP in the place searched. Here it would be the person who either owned or was driving the vehicle. Illegally obtained evidence can still be used against someone else. For example, an illegal search turns up drugs in a bag. Your fingerprints are found on the inside of the bag. You can be charged with selling the drugs but charges would have to be dropped against the person with the drugs.

Clt747 said:

I'm curious about something.

OP says there are two charges: one for the Percocet, one for contributing. In the course of the investigation, they found the Percocet. Okay, done deal.

But if the friend successfully challenges the search, there is, in effect, no alcohol. If there is no alcohol, there is no basis on which to charge OP for providing the alcohol. Isn't that correct?

Not arguing--asking.

Click to expand...

According to some other board members i can still get in trouble for contributing even though the evidence was obtained illegally. I received papers for getting charged with the contributing but nothing for percocet. i was told i was going to get them later but it has been 2 days and nothing has come of it. i know if i was charged with it it would be a misdemeanor possession of a schedule 2 or 3 narcotic.

Thanks, lwpat. Sometimes I think I should pay you guys tuition.

nbo6, please don't take the fact that I questioned this as any indication that the other posters might be wrong. It was a request for clarification due to my own ignorance of the law.

Yes, lwpat cleared that up for me but thank you for your response, too.

I agree the point is moot, but I was aware that my assumption was incorrect and hoped someone would take the time to explain why. Now I know. Thanks again.