Arrested...charges dismissed later - Page 2
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Thread: Arrested...charges dismissed later

  1. #11
    Search subsequent to arrest is normal SOP, and probably the second-most common of the 10 exceptions to the Search Warrant rule. (Consent is generally the 1st - people just freely surrender their rights at the request of LEO. It's crazy how common that is.)

    Also, that search subsequent to arrest is supposed to be extremely thorough - and had the LEO opted to have your car impounded, he'd be required to search and note all contents, even the trunk.

    Glad it worked out in your favor.
    "There is no consitutional right to be protected by the state against being murdered by criminals or madmen." (7th Cir. 1982, Bowers v. DeVito)Stay safe, and stay trained.www.sazsatt.com

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  3. The search of my car did not damage any of my personal belongings, nor did they make the car a complete mess. It did bug me because I know I'm not breaking any laws(other than the one I unknowingly broke), nor do I do drugs or drink and drive. I know that the officers don't know that, so I can understand why they did the search. Considering the timing, it was probably for things like open alcohol containers and also looking for a gun.

  4. #13
    After an arrest, the search that follows is simply procedure more than "looking for" anything.

    Obviously, after the arrest IF they were to find something else, you'd likely face more charges.

    Search subsequent to arrest is really just the officer doing his/her job, and it's a good thing nothing was damaged or otherwise trashed. That's one of the CYA reasons they do this search in the first place... so three days later at the impound lot the person just released from custody cannot accuse the officer of stealing and/or breaking property - because it's all already been recorded, including condition.

    Again, I'm glad it worked out for you and that for the most part the cop that stopped you was a pro-gun type.
    "There is no consitutional right to be protected by the state against being murdered by criminals or madmen." (7th Cir. 1982, Bowers v. DeVito)Stay safe, and stay trained.www.sazsatt.com

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