exchange is made. they shake him down but find nothing on him. He is in an open parking lot where anyone could be walking. They ask where his car is, he tells them he doesn't own a car, which is true. They find the key to the vehicle and use the alarm device to locate the car. They didn't run the plate for ownership. When they find nothing, they call in K9 to sniff out and lo and behold drugs are found. He is charged with poss of meth for sale. Under an oz if that matters. I feel like regardless of whether the cops knew this was the guy they were setting up, did they have the right to search for a vehicle when they came up empty? and he wasn't driving when they arrested him, so can they really tow the car for driving on sus lic?
Was he stopped for driving on a suspended license? If so the police may well have had the right to search the car, especially since he said he didn't own one. As long as his detention was brief I do not see a problem with bring in the K-9. An ounce of meth is probably enough to support a sales charge. But there may be reason to challenge the search and for that you need a good attorney.
There could be several issues here but hard to determine based on these limited facts. The length of the detention, as pointed out by Mr. Kaman, could impact whether the subsequeent search of the vehicle was lawful, among other possible things. If you do not have one already, consult with a criminal defense attorney to review the case.
Brian Russell MichaelsCriminal Defense AttorneyLos Angeles, CA ·
Either way, the individual who was arrested has to challenge the search in court as Sales is a serious case which carries a substantial amount of jail time. They absolutely had to have some probable cause to search his vehicle and if it was without a warrant, there are grounds to attack the search. Your friend needs to hire local counsel asap. If you need additional assistance many of us on offer free consults.
Thanks for sharing this story, but your "feelings" about this are essentially irrelevant. What's your connection to the case? Unless you're the "guy" it's really none of your business. Did they tow the car? The problem with your question is that it reads like a hypothetical rather than a real situation. Retain counsel, you won't be able to resolve this online.
