Legal or illegal search

[deliscious]

What is the name of your state (only U.S. law)? New York

My son went to visit a friend and entered the apartment building from the back, 2 police officers standing in the lobby took him aside asked for identification which he showed and proceeded to pat him down and empty his pockets where they found crack cocaine and money. My son was charged with criminal possession of a controlled substance in the third degree - possession with the intent to sell. My son claimed he found the drugs and the money. He was offered a year where his legal aid lawyer refused, then given another court date. My question is was this a legal search, the officers stated he was searched because by entering the building through the back door he was trespassing. I have 2 questions, was this a legal search and would he be better off with a paid lawyer vs. legal aid? I don't know the difference but a few people told me a paid lawyer would defend him more.

 

[JKBee]

If you can afford your own lawyer, get one. Don't depend on court appointed who are often overworked, undermotivated. Not all, but wouldn't take the chance!

 

[CdwJava]

My son claimed he found the drugs and the money.

Your son lied.

He was offered a year where his legal aid lawyer refused, then given another court date.

So, he is going to trial? What does his attorney say about the search?

My question is was this a legal search, the officers stated he was searched because by entering the building through the back door he was trespassing.

If they did not have his consent to conduct an intrusive search, they would need to articulate appropriate probable cause. Whether they can do that or not, I cannot say.

I have 2 questions, was this a legal search and would he be better off with a paid lawyer vs. legal aid?

If he can afford his own attorney I doubt he would have qualified for legal aid. Both the paid attorney and the public defender are attorneys. The paid attorney might appear DO more, because he will get paid for looking busy even if the motion or action is a waste of time. Public defenders do not tend to waste time on frivolous activity and often know the best way to contend with the system. But, like even paid attorneys, there are good ones and bad ones.

 

[HighwayMan]

Simply entering through a rear door does not constitute trespass or criminal trespass. If he was arrested for trespass/criminal trespass then he would be searched. It doesn't sound like he was arrested before the search.

Alot depends upon the circumstances and how the officers articulated the reasons for their actions.

No one here can make any judgements about the actual legality of the search without knowing all the facts.

 

[Joshuaace2]

If you can afford private counsel, hire private counsel. Specifically a criminal defense attorney who has experience in search and seizure laws.

As Highwayman pointed out above, more details would be required to make any real assessment as to the legality of the search.

If your son told you he "found" the drugs and the $. It could be he was less than honest about what lead to his search and arrest.

 

[ERAUPIKE]

What is the name of your state (only U.S. law)? New York

My son went to visit a friend and entered the apartment building from the back, 2 police officers standing in the lobby took him aside asked for identification which he showed and proceeded to pat him down and empty his pockets where they found crack cocaine and money. My son was charged with criminal possession of a controlled substance in the third degree - possession with the intent to sell. My son claimed he found the drugs and the money. He was offered a year where his legal aid lawyer refused, then given another court date. My question is was this a legal search, the officers stated he was searched because by entering the building through the back door he was trespassing. I have 2 questions, was this a legal search and would he be better off with a paid lawyer vs. legal aid? I don't know the difference but a few people told me a paid lawyer would defend him more.

It seems as though your son is having a problem with telling the truth. He will not be able to lie his way out of this situation. Your son was offered the minimum prison sentence of one year. Taking this to trial could result in up to a maximum of nine years in prison. Securing private council is always a good idea but it is no guarantee that he will get a better deal.