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Originally posted by NettleTea
Originally posted by Maxmars
Actually the determination was that the scope of the search was not legal, but despite that fact, they allowed the evidence to be used against him.
Thank you for responding. Here is where I'm getting tripped up.
If he was placed under arrest and the drugs were seized from his person than those drugs should be admissible.
Now if they were seized from the car I think the police would have had to 1. seen the drugs in plain view or 2. the driver was wigged out on drugs and that gave the police probable cause to think there were drugs in the car.
I am not sure if the cops can openly search your car after your under arrest.
If the VA court ruled that the scope was not legal then I would have to see the circumstance they cited. From what I read though I thought the police acted within their right.
Originally posted by BlaznRob
Driving with a suspended license is bad enough but to do it with drugs in the car is straight up stupid. BUT! Stupidity is not an offense worthy of being imprisoned, and the search was done ILLEGALLY, the seizure was done ILLEGALLY, and the arrest was ILLEGAL.
[edit on 24-4-2008 by BlaznRob]