Search and Seizure

[gphilip]

My nephew was recently arrested for drug possession after a search of his car. At the time he was awaiting a court appearance on a bitter custody battle for his son. He was approached, at work, by police who said that they wanted to search his automobile whereupon they found drugs. His cars was unlocked and he suspects that the mother of his son planted the drugs to incrimate him at the upcoming court hearing for custody. He has also been suspended from his employment. Any advice will be greatly appreciated. This happened in Indiana.

 

[lawrat]

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


If the police had no search warrant or probable cause (an anonymous tip is usually insufficient) and approached your son to search his car (the consent was fraudulent or induced), then the search may be illegal.
Especially, if you argue it to the judge at the hearing that the car was unlocked and there is a bitter custody battle going on.

check with your attorney about this line of argument. if this search was found to be illegal, then the evidence will be suppressed.

hope this helps.

 

[Suskind]

Same response as: http://bbs.freeadvice.com/ubb/Forum4/HTML/000851.html