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Can I be illegally searched as a passenger with no probable cause ?

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Location: Tennessee  |  Law type: Criminal defense attorney
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I was a passenger in my brother's suburban, when it got pulled over because the tags expired a day prior , when the officer was bringing back my brother his license, he asked us to step out of the vehicle because his dog, which was way behind us inside the cop car, had given him a signal toward the SUV, than proceeded to take my brother , my boyfriend and myself out one at a time, search, us with no permission, no probable cause and no one in probation. I refused to let them search my purse we haven't done anything wrong , and I felt like we were being harassed again.so they found nothing in the SUV , or in my brother or boyfriend, after I refused over and over for them to search my purse, one of the coos says , because I was in the suv anf my purse also wad in there , he has the rigjt to search because the vechile was getting searched. They found 3 , 300mg . Gabapentin, and a half of clodiopin, that was inside an old wallet, in my purse, so on the report , he wrote only about me he said Ihe pulled over an SUV for expired tags, when the passenger kaleena Johnson, excited the car with her purse, she than gave verbal consent to see h , where they found the gabapentin. He wrote nothing about how he was searching the vechile without probable cause is why I excited, he never says , how he illegally searched all of us in his report, and I refused the search, nobody elses name is even on the report, and he did not put in there how and why he was searching us and vehicle. He gave me ten days to book in, I went to my first appearance where I said I would hire a lawyer, but is it possible to get this thrown out because of the coos failure to follow prodacale? I go back to court in the 27th, and have not found a affordable lawyer to represent me yet 

Legal Solution

The response provided below is specific to Criminal defense attorney in the jurisdiction of Tennessee. If the response is inadequate, please submit a detailed inquiry.

Can a Passenger Be Illegally Searched Without Probable Cause?

Your situation raises several important legal issues regarding search and seizure, especially if you believe the search was conducted without probable cause. Here's a breakdown of what you can do and how this could affect your case:

1. Legality of the Traffic Stop and Search
In general, when a vehicle is pulled over, police have the right to ask the driver for identification and registration, but passengers typically cannot be searched without probable cause. In your case, if the officer claimed the dog signaled to the vehicle, that could potentially provide them with reasonable suspicion to search the car itself. However, the officer would still need probable cause to search your purse and person, especially since you repeatedly refused consent.

The fact that the officer claims you gave verbal consent to search your purse, when you stated that you refused, is crucial. This discrepancy, along with the lack of probable cause mentioned in the report, may be grounds for challenging the search.

2. Fourth Amendment Rights
The Fourth Amendment protects you from unreasonable searches and seizures. As a passenger, you maintain your right to privacy regarding your belongings, like your purse, unless the police have probable cause to believe that you, specifically, are involved in a crime. If the officer’s justification for searching your purse is based solely on being a passenger in the vehicle, this might not hold up, especially if there was no visible illegal activity from your side.

3. Suppression of Evidence
Since the search was conducted without probable cause (according to your account), your attorney could file a motion to suppress the evidence found in your purse. This motion asks the court to exclude any evidence that was obtained through an illegal search. If successful, the charges related to the items found in your purse could be dismissed.

4. Inconsistent Police Report
The officer's failure to document the full details of the search, such as how the vehicle search was conducted and how you repeatedly refused to consent to the search of your purse, is significant. Inconsistencies or omissions in the police report can work in your favor, especially when contesting the validity of the search in court.

5. Steps You Should Take Before Your Next Court Appearance

  • Hire an Attorney: Although you mentioned difficulty finding an affordable lawyer, consider reaching out to legal aid organizations in Tennessee, or ask the court for a public defender if you cannot afford private representation. An attorney can help you file the necessary motions and build a defense based on unlawful search and seizure.
  • Prepare Your Account of Events: Document your side of the story in detail, including the fact that you refused consent and that the officer did not have probable cause. This will help your attorney in preparing your defense.
  • Request Dashcam/Bodycam Footage: Your lawyer can request any available dashcam or bodycam footage from the stop. This can show whether the officer had a legitimate reason for conducting the search or if the search was performed improperly.

Can the Case Be Thrown Out?

Yes, there is a possibility that your case could be dismissed if the court determines that your Fourth Amendment rights were violated. A successful motion to suppress based on an illegal search could result in the exclusion of evidence, which might weaken or eliminate the prosecution’s case against you.

Disclaimer:

This response is for informational purposes and should not be taken as legal advice. Consulting with a criminal defense attorney is strongly recommended to protect your rights and ensure the best outcome in your case.

Disclaimer

This content is for informational purposes only and does not establish an attorney-client relationship. It's always recommended to consult with a local attorney about your specific situation.

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A criminal defense lawyer is a lawyer (mostly barristers) specializing in the defense of individuals and companies charged with criminal activity. Some criminal defense lawyers are privately retained, while others are employed by the various jurisdictions with criminal courts for appointment to represent indigent persons; the latter are generally called public defenders. The terminology is imprecise because each jurisdiction may have different practices with various levels of input from state and federal law or consent decrees. Some jurisdictions use a rotating system of appointments with judges appointing a private practice attorney or firm for each case. Source: https://en.wikipedia.org/wiki/Criminal_defense_lawyer

If you're facing criminal charges (You were detained and imprisoned by the police), You have the right to remain silent. You should remember, that anything you say can and will be used against you in a court. You have - just like anyone else -  the right to an attorney. If you cannot afford an criminal defense attorney, you may qualify for a court-appointed lawyer. 

  • How to Become a Criminal Defense Lawyer? - wikihow.com
  • Tips on how to find the right lawyer to handle your criminal case - nolo.com
  • Various ways that private criminal lawyers charge for their work - nolo.com

How to find and compare top criminal defense law firms that provide legal aid for DUI and other criminal cases? Search Super Lawyers directory, compare criminal attorneys on Justia or browse detailed Avvo reports on Criminal Defense Attorneys across United States.

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