Legal Question in Criminal Law in Florida

My Son recently was sent to jail for catching a ride with someone with drug in his vehicle. He was asleep when the owner of the car an his girl friend got into a dispute outside the vehicle. Office awoke my Son, and after he found liscene check to be clear ask him to step out of the car to be searched. Pills (4-5) was found in his pockett (xanax) this was a prescription given to his father, the prescription bottle was in the car. after finding the pills in his pockett the officer searched the car. Is this leagal?


Asked on 12/05/09, 4:59 pm

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

No, this is probably not legal. Once he was awoken and asked to step out without reasonable suspicion that he, your son, committed a crime, then he was seized without a warrant. That said, there may have been some exceptions such as he gave consent to search himself, he was acting suspicious, or other unknown grounds. But there are exceptions to these exceptions. Obviously, this is where someone with good legal knowledge of this area of law is helpful. This is a felony so he needs to talk to an attorney right away.

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Answered on 12/10/09, 3:25 pm


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