Header

Forum Left Top
Welcome to the LawInfo’s Legal Forums
By joining us today you can participate in our active and growing community. You will first need to register in order to participate in the discussion boards, using a login name and password. Click here to be directed to the registration page.

Lawinfo Home >> Click Here For Exclusive Statewide Sponsorship


Reply
 
Thread Tools Display Modes
  #1  
Old 08-20-2011, 01:06 PM
Disco Santa Disco Santa is offline
Junior Member
 
Join Date: Aug 2011
Posts: 6
Default DDS Mistake

I was pulled over for a cracked window and supposedly running a stop sign. Very soon after I was pulled over a K-9 unit showed up and began searching the car for marijuana. I stated that they had no right to do this without my permission and they said they had probable cause because the dog reacted to the alleged marijuana smell. There was no marijuana. They radioed in my identity and it came back, to my surprise, that my license was suspended! I was arrested for driving on a suspended license and felony drug possession.

I sat in jail for three days and when they let me out, I contacted driver's services who eventually admitted that the suspension was not my fault. Can I use the illegal search and seizure angle to defend myself, considering that they were looking for something that they claimed to detect, found none of it, and really had no just cause to be there since my license should never have been suspended?

Last edited by Disco Santa; 09-28-2011 at 06:19 PM. Reason: 5th
Reply With Quote
  #2  
Old 08-21-2011, 06:13 AM
aardvarc aardvarc is offline
Senior Member
 
Join Date: Jul 2007
Posts: 1,887
Default

Police get to act on the information they have at the time. If the system reported your driver license as suspended, they get to arrest for that, even if it later turns out that the information was inaccurate due to a DMV error. The remedy for illegal search is that anything found during that search may be suppressed. However, pursuant to arrest, police would have inventoried the contents of the vehicle anyway, and if whatever they found was found in a location where it would have been discovered during a normal inventory of the vehicle (as opposed to being hidden in the engine compartment or behind an interior panel), you can expect the illegal substance found to be admissible.
__________________
While pointers can be helpful, ultimately the number one lesson in any legal action is: don't take legal advice from books, family, friends, co-workers, police officers, grocery clerks, web sites, or people on legal message boards. The only person who can give YOU legal advice is YOUR attorney.

http://www.aardvarc.org
Reply With Quote
  #3  
Old 08-21-2011, 06:35 PM
moderator moderator is offline
Moderator
 
Join Date: Sep 2006
Posts: 15,249
Default

I tend to agree with aardvarc. Have you browsed through the information in LawInfo's Free Legal Resource Center to learn more about your issue yet? See: http://www.lawinfo.com/consumer.html and http://resources.lawinfo.com/en/index.html. You can certainly try to speak to a lawyer to determine what legal options may be available. In the meantime, you may be able to learn more on your own. Search the "Free Legal Resources" tab, or browse the Consumer Resources. Good luck.
Reply With Quote
  #4  
Old 08-23-2011, 09:28 AM
Disco Santa Disco Santa is offline
Junior Member
 
Join Date: Aug 2011
Posts: 6
Default

Thank you. I have spoken to one lawyer and I intend to speak with at least one other.
Reply With Quote
  #5  
Old 08-23-2011, 12:24 PM
aardvarc aardvarc is offline
Senior Member
 
Join Date: Jul 2007
Posts: 1,887
Default

Quote:
Originally Posted by Disco Santa View Post
Thank you. I have spoken to one lawyer and I intend to speak with at least one other.
That's absolutely the smart thing to do. The more opinions you get from people versed in issue, the broader the information you'll be able to gather, and the better you'll be able to make decisions about how to attack the problem.
__________________
While pointers can be helpful, ultimately the number one lesson in any legal action is: don't take legal advice from books, family, friends, co-workers, police officers, grocery clerks, web sites, or people on legal message boards. The only person who can give YOU legal advice is YOUR attorney.

http://www.aardvarc.org
Reply With Quote
  #6  
Old 09-30-2011, 11:16 AM
Disco Santa Disco Santa is offline
Junior Member
 
Join Date: Aug 2011
Posts: 6
Default civil suit

What are my chances of winning a lawsuit against the DDS for Ruining my life? I was supposed to leave for a study abroad program a few days after my arrest. Obviously, I was told I had to stay in the country so I was unable to go. Because I didn't go, my scholarship did not pay for the program. I am still responsible for paying the cost so now I have a large debt and cannot attend school.
Reply With Quote
  #7  
Old 10-01-2011, 06:07 PM
moderator moderator is offline
Moderator
 
Join Date: Sep 2006
Posts: 15,249
Default

You certainly can speak with an attorney, but nothing will happen until after the criminal case.
Reply With Quote
Reply

Tags
search seizure drug


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump





Forum Right Top
Forum Left Bottom Forum Right Bottom
 
Right Left
Member Login
Forgot password?

Not a member? Click Here to Register.
Forum LeftForum Right


Attorney Search
1. Choose an Area Of Law


2. Choose Your Location

   

 

Forum LeftForum Right


Most Popular Forums:
Immigration
(Federal)
 5829
Texas
(Family Law)
 5503
California
(Business and Corporation)
 2748
California
(Family Law)
 2674
California
(Labor and Employment)
 2039
Forum LeftForum Right


Forum Statistics:
Forum Members: 56,259
Total Threads: 29,454
Total Posts: 67,295
There are 44 users
currently browsing forums.
Forum LeftForum Right
Right Right
Right Bottom Left Right Bottom Right