3

My husband and I got pulled over. Officer said it was for speeding. My husband has past felonies,so they searched the car and found a gun (not loaded). So they charged him with possession of hand gun ( bond is 5,000 cash ) but did not give ticket for speeding which was reason he said he pulled us over. Would the Fruit of A Poison Vine apply here??

  • 1
    It think you meant to ask if it could be suppressed because the search was illegal. Fruit of a poison vine (or fruit of the poisonous tree) applied after something is suppressed to extend the suppression to things that flowed from it. But there is nothing but the gun to suppress here. – David Schwartz May 18 at 1:24
  • He isn't still on probation, is he? – mkennedy May 18 at 16:48
6

An officer is allowed to pull you over for speeding and then decline to give you a ticket for speeding. So the lack of a ticket has nothing to do with it (unless you actually weren't speeding, not even 1 MPH over.)

Simply having past felonies, however, is not a reason for an officer to be able to search the car. Without a warrant, he'd need probable cause, consent, or some other exception to the warrant requirement.

It's impossible for me to say what happened here. Maybe your husband had an outstanding arrest warrant? Maybe the officer saw the gun from outside the car? Maybe one of you said "OK" when he asked to search the car? Or maybe the search was illegal after all?

| improve this answer | |
  • Maybe the officer saw/smelled the weed, then? – D M May 17 at 23:32
  • 3
    I suggest providing more detail about what happened between the time they first spoke to you and when the started the search, especially immediately before the search. If they said anything about searching / "checking" your car, it matters what you said exactly (and what they said). – user6726 May 17 at 23:55
  • 2
    I suggest not providing more detail. Instead talk to an actual lawyer, who can actually figure out how the law applies to your situation, and who can actually do something with that information. Putting your account of his crime on the Internet to get some free advice from people who are mostly just guessing at the law does not help him. – bdb484 May 18 at 2:20
  • Absolutely get a lawyer, yes. I'm not one. And there are procedural aspects too; if an argument isn't made at the correct time, the right to make it might be lost, even if the argument itself would ordinarily win. – D M May 18 at 4:22
  • 1
    go get a copy of the police report, it will probably have some statement in it that explains why they believe the search was justified. – Z4-tier May 18 at 7:18
2

To supplement another answer... a police officer can ask: "can I check your car?" and often people say: "yes, officer". By that, you are giving him a permission that is overriding a warrant requirement. So, if a police officer asks you something like that, you can deny it and if there is a probable cause, police officer can search it anyways, but if a probable cause shows invalid, any finding will be too. Same is when you are walking down the street and a police officer asks you if it can examine your bag and finds something. It depends if you gave him a permission and generally people give it thinking that they have to.

I agree with part that if there was a valid probable cause to stop you and that can be speeding 1MPH over the limit, he can stop you regardless whether or not any traffic infraction will be charged. But stopping for speeding does not have any connection to checking what you have in your trunk or somewhere else.

It highly depends on circumstances and sometimes body and car cameras they all wear can also be used to show that stop and/or search were invalid. The Fifth Amendment does not apply to the prosecutor and they need to share it with the defense attorney.

| improve this answer | |
0

If you go 51 mph in a 50 mph area, an officer can of course pull you over and then let you go. And he can look into your car when it is stopped.

You might have a point if the officer had stopped the car because the driver had past felonies and the speeding claim was just a pretense. That would be very hard for you to prove.

Now with your car stopped, the police officer has no right to search your car (without your permission). He can ask for permission and if you give it, he can search the car.

| improve this answer | |

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.