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Should my son get a lawyer?

Posted by on Aug. 7, 2010 at 10:18 AM
  • 25 Replies

My son (21) got pulled over last week because his license was expired.  Turns out it wasn't. The secretary of state screwed up and it isn't due for renewal till 2013. However the officer put my son into his car and then searched it (we believe his ex girlfriend set him up because she works with this officers wife and lives in the same apartments, he is also being charged with trespassing because he went to the apartment to try and get his laptop back. She didn't let him in and said she had put it out with the rest of his stuff so my son left.).

When the officer searched he found a bottle of Jack with the seal broke (he wasn't drinking and it was from the night before under some clothes) they also found some pot. My son says they had no right to do this because they had no probably cause. I'm not saying what my son did was right but do you think the police have a case and should he get a lawyer?

by on Aug. 7, 2010 at 10:18 AM
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Replies (1-10):
Princess7777
by on Aug. 7, 2010 at 10:21 AM

They have to have probable cause to go through his stuff.  I guess they feel since they claimed his license was expired that gave them the right.  I don't  think it did.  That makes it tough when they live in the same place.  You can get a lawyer probono, or one that works for the state.

Mommy2LnJ
by on Aug. 7, 2010 at 10:22 AM

I would absolutely get a lawyer. Or at the very least, talk to one to see what can be done.

**Be Kind To Everyone You Meet, For They Are Fighting A Battle You Know Nothing About**

lenoxclan
by on Aug. 7, 2010 at 10:23 AM

If he was placed under arrest before he searched his car, then he had the right to inventory the property in his car. You can be arrested for expired liscense.

EsmeVincent
by Bronze Member on Aug. 7, 2010 at 10:24 AM

this

Quoting Princess7777:

They have to have probable cause to go through his stuff.  I guess they feel since they claimed his license was expired that gave them the right.  I don't  think it did.  That makes it tough when they live in the same place.  You can get a lawyer probono, or one that works for the state.





TTC#2****THINK PINK!

lenoxclan
by on Aug. 7, 2010 at 10:25 AM

Or if he asked if he could search the car and your son said yes. then he is in legal right... If he wasn't already under arrest or didn't have permission from your son to search. The only other way he could legally do it, would be with probable cause. I'd get a lawyer. He should get a court appt. but those suck..

JenniL05
by on Aug. 7, 2010 at 10:26 AM

If he was driving without proper ID then that in itself is probable cause. Sorry, but it's not the officers fault the secretary of state screwed up...

They found open alcohol and drugs, a lawyer will probably be necessary.

gnr
by on Aug. 7, 2010 at 10:27 AM

I would get a lawyer.  Other then that I don't know.

SinisterQueen
by on Aug. 7, 2010 at 10:27 AM

What did they pull him over for in the first place? The cop couldn't have known his license was "expired" before he presented it... If there was a reason for pulling him over THAT may have been the probable cause. Otherwise it definitely sounds fishy to me.


Danielle_Nicole
by on Aug. 7, 2010 at 10:28 AM

Umm no!They can search your car when they please.And if you deny them they will get a search warrant.

momofne
by on Aug. 7, 2010 at 10:33 AM

Well we figured he had run the plates or something. Thats what we can't figure out. My son was just a few blocks from the apartments when he was pulled over and hadn't done anything wrong (wasn't serving, run stop etc.). Thats why we think she called him and set him up.

Quoting SinisterQueen:

What did they pull him over for in the first place? The cop couldn't have known his license was "expired" before he presented it... If there was a reason for pulling him over THAT may have been the probable cause. Otherwise it definitely sounds fishy to me.


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