Cocaine Possession Laws: Would This Man Be Able to Reverse His Guilty Verdict?
Question by Eric S: Would this man be able to reverse his guilty verdict?
There was a guy driving down the street and he was not breaking any traffic laws.
He was driving the exact speed limit, he had updated registration, there were NO issues as far as his driving.
The police officer pulled the guy over because the officer thought it strange the man was driving the EXACT speed limit when most people drive 5-10 miles per hour over the limit. Driving the exact speed limit, however strange, is called “Obeying the law”.
Therefore the officer had no case for interrogation. However, the officer in searching the person AFTER he was unlawfully interrogated, inadvertently found cocaine in the trunk of the car.
The person was charged with cocaine possession, but the search was illegal in these circumstances, right? Can he be charged with cocaine or was the search that led to the find illegal?
What if the officer did not ask for permission but said “as an officer of the law, I need to conduct a search”.
This is of course a technicality case. It may be obvious to conclude the guy was driving extra careful to avoid getting busted for cocaine. The thing is it shouldn’t have led to the officer conducting the search. Assume the cocaine was otherwise unknown and hidden in a trunk with no windows
Best answer:
Answer by lillianinalaska
I think… that if this guy gave the police officer permission to search him, it would be okay. But he might still need a warrant to search something in order to have it count in court…
Give your answer to this question below!
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If he has been found guilty by a court, it will be very difficult to get that guilty verdict overturned.
Whether or not he might have grounds for a new trial is an issue for an attorney who specializes in criminal defense law.
I recommend that he contact several attorneys who specialize in Criminal Defense Law and ask them about this issue.
I recommend that he hire the attorney who gives him the best answer to the question.
The officer pulled over the individual for suspicion and therefore had the right to question the man but however the man could of refused a search of his vehicle and made the officer get a warrant when the individual who was stopped didn’t invoke is constitutional rights the officer had the right to search, but there could be other litigating factors so it would be best to get an attorney.