Traffic Stop to Home Search!

[pradiva]

I have a friend who was a passenger in a vehicle that got pulled over for crossing the center line after pulling out of a driveway. My friend was made to get out of the vehicle and empty her pockets at which time a small amount of meth was found. No citation was issued. The address on her D.L. was a P.O. box. The police then did a search of the vehicle and found what is called a gasser, known to be used in the manufacturing of meth. The police then went to my friends house which was the driveway they had been pulling out of. Should they not have gone to the drivers house? When the officers got to my friends house they peered in the windows, saw a doll laying on the floor ( my friend has a 2 yr. old that was at her grannies house ) and because the vehicle in the carport had an empty carseat in it , claimed some kind of distressed child thing and entered her house without a warrant. They then got a chansary ( sorry about my spelling) judge to sign the warrant and conducted a search. This story is MUCH longer but I don't want to take up alot of your time. I just know that throughout my friends trial I thought there were several times a mistrial could and should have been declaired beginning with the traffic stop. The meth that was on her was in a coin purse no bigger than maybe 3 by 5 at best.I thought it went against the plain-feel law, the officer testified that he did not feel like he was in any imminent danger and that he concluded the coin purse held no weapon. So even with finding what was in it shouldn't they have gotten a traffic ticket and been arrested for possession of meth? I don't understand how they concluded to go to her home and not the drivers, and why no citation was issued if that is what they were supposedly pulled over for in the first place. Any advice or help you could give sure would be appreciated. Thank You for your time.

 

[lawrat]

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

Well, let's put it this way. Officers have an absolute right to order passengers out of vehicles at a traffic stop. They have a right to feel (terry stop plain feel) and/or ask her to empty her pockets.

She didn't have to empty her pockets. Get it?

They don't have to issue a citation for the meth. They probably saw the house, assumed passenger since they probably noticed driver pull in. If they trespassed (front lawn, etc), then whatever they found after that should be dismissed. But if they stood on the sidewalk and peered in, and saw something, then they got legal probable cause based on plain view.

however, if they entered illegally or trespassed and then got a warrant based on that, then the warrant is invalid (probably). Hence, in most circumstances, anything they find as a result of this illegal search would be thrown out as FRUIT OF POISONOUS SEARCH.

 

[dolphinslove]

My husband is being charged with PCS-2, possession of a controlled substance- Meth.
They found residue on a mirror he had gotten from a friend, my husband being a trusting man, didn't bother to inspect it.
I have never know my husband to use any type of controlled substance, i can't even get the man to eat a cough drop.
I understand very little about this charge and the laws surrounding it, but i understand what you're saying. Hope things turn out for the best, and you're not alone.

 

[Karrys_angel]

I am not an attorney nor am I in law school, just another point of view.

"The police then did a search of the vehicle and found what is called a gasser, known to be used in the manufacturing of meth."

If a "gasser" was found in the vehicle, then that is probable cause for a search to be conducted in the house from which the car just came from.