Re: Cops Searched my car when my little brother was in it...

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On 4/17/06, Dan wrote:
> My little brother borrowed my car and got pulled over.
They
> never asked to search the car but still did. And when they
> were searching the car the found pot. But it was under the
> passanger seat and was not my brothers. It was his
friends.
> So the arrested him and not he has this on his record. And
> they got into the trunk witch was locked and I dont think
> unless they have permission to do so they cant do it. Now
> is there anything that I can do to help him out because of
> the fact it was not his pot. And he was the only one
> arrested out of the three that were in the car. Please let
> me know. Thanks Dan
First off, this should be on the legal questions board even
though it is about due process. Secondly, yes--there is
something you and your brother can do, get a criminal
defense attorney NOW. Do not try and fight it yourself. If
niether of you can afford an attorney he would probably
qualify for a court appointed public defender. the police
have to have a reason to search the car without permission.
There are a lot of variables that could be factors in the
search that you haven't posted, but as a rule, if someone
has control and possession of contraband, it will be
considered his. if it was in his car, he can be charged.
If the search was illegal, then the pot is out. He needs an
attorney.