Legal Question in Criminal Law in Florida

My friend was pulled over for speeding. The officer arrested him, handcuffed him and placed him in the police car. The police then began to search his vehicle where he said he found drug paraphanlia under 20 grams. Is it legal for the officer to accuse someone of possession without showing them what they were in possession of????


Asked on 3/19/10, 8:37 am

1 Answer from Attorneys
Craig Epifanio Craig Epifanio, P.A.

Can't really give a straightforward answer without knowing more facts. Illegal stops and seizures are usually very complex and it depends on specific facts. They can arrest him if they found contraband after he consented to a search. They could also base it on a search incident to an arrest, but the US Supreme court recently limited that. I suggest he contact an attorney and tell them in person more of the details to see your friend's options.

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Answered on 3/24/10, 9:08 am


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