Legal Question in Criminal Law in Georgia

Evidence obtained during a illegal traffic stop

My son was stopped by a patrol officer on the basis of an insurance check. Minutes later a narcotics detective arrived stating that there was reason to believe he had drugs in the car. My son knowingly this was not true consented to the search. Upon opening the trunk, mysteriously in plain view was 10 small baggies attached to a scale. My son was at court that day on a case that involved a police officers brother of tax fraud etc,. My son being the plantiff. During lunch recess case not yet heard is when he was stopped. Defendants son drove by arresting officer 3 times on highway officer acknowledged. Son got scared. Narc asked if he knew anyone with drugs, son told them I had some they came to my house arrested me. No warrant I was cooperative. If initial stop was illagal was my arrest?


Asked on 8/13/03, 3:09 pm

1 Answer from Attorneys
Wayne Wisong Wayne Wisong, Attorney at Law

Re: Evidence obtained during a illegal traffic stop

If he voluntarily consented to the search without coercion or threat, the search of the trunk is prima facie legal. So, the defense would likely have to focus on the stop itself. Was it arbitrary? Or worse yet, a setup? Your fact pattern hints strongly at the possibility of police evidence planting. If the stop was merely a pretext and there was no good cause to stop him in the first place, it is possible the evidence could be supressed. Likewise, it is possible his statement about you could be supressed. But all this will take a very exceptional criminal trial lawyer. You really need one of the best you can find.

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Answered on 8/13/03, 9:28 pm


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