Legal Question in Criminal Law in Kansas

illegal search

My boyfriend was driving my vechile and parked on private land of a local railroad company. He knew herwas being followed so her parked and locked the vechile then started walking down road when approched by leo. He was then arrested for failer to appear.

He informed the leo that he knew his rights and did not give them premission to search the vechile because he wasn't the owner and it was parked on private propriety. He told them to call me to pick up my vehicle. When I arrived, the leo had the passenger side door open and stated there was a meth lab in the passenger seat. At that time I turned and walked away. The leo proceeded to have my vehicle towed which has been inbounded for a month. The tow company has refused me access to retrieve my personal belongings but the leo assured me that I could make arrangements to meet with them to retrieve them but after several calls and attempts I still haven't been able to retrieve anything. The tow company is requesting $500.00 by 7-18-05. Also there was never a inventory list given to the tow company of the contents of my vehicle.

Question: Since my vehicle was on private properity and the leo was not given premission to search my vehicle, was this an illegal search?


Asked on 7/17/05, 5:08 am

1 Answer from Attorneys
Brian Leininger Leininger Law Office

Re: illegal search

It's not possible to tell without knowing all the facts whether the search was illegal, but there are definitely some issues your boyfriend needs to explore with a good, experienced criminal defense lawyer. If the initial search is improper, the whole case can go away and get your boyfriend out of a whole lot of trouble. Feel free to call me at 913-648-7070 to discuss this. I offer a free consultation.

Brian Leininger

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Answered on 7/19/05, 12:39 pm


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