Legal Question in Criminal Law in Minnesota

is this legal

dear sir or mam

i was a passenger in a car that got pulled over and they had found meth on the ground next to it and a pot pipe on someone else they had arrested me for not giving a statement a male officer patted me down and transported me in a cop car with a male in the back with me is this allowed


Asked on 12/19/03, 12:29 pm

1 Answer from Attorneys

Thomas C. Gallagher Gallagher Criminal Defense

Re: is this legal

It is conceivable that where police stop a car and find contraband on the ground next to it, that they might believe that they have reason to suspect one or all occupants of the car as having possessed it. Without more evidence than that, in my view the case would be weak -- perhaps too weak for a prosecutor to want to charge it.

If a police officer improperly coerces a person into giving a statement, and the judge later believes that to be true, the judge can suppress the statement so that it would not be admissible in the trial. This is (1) to discourage illegal behavior by police; and (2) in recognition that a coerced statement may be inherently unreliable (people may say anything, true or not, to stop the coercion). However, police are permitted by the courts to use some coercive and psychological tactics, including certain deceptions.

I imagine the police officers involved would say that they had probable cause to arrest based upon the contraband found near the car. They likely knew that if that was all they had, without more -- such as a statement, the case would be weak and a prosecutor might not want to charge it. That might explain why they pressured you for a statement -- perhaps their only shot at making a good case.

As far as I know, there is no rule against transporting arrested persons of different genders in the back of a squad car.

You would be well advised to meet with a criminal defense lawyer, such as myself, to discuss the situation and how best to protect yourself from here on out. For now, you should not give a statement or otherwise talk to the police without first consulting a criminal defense lawyer.

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Answered on 12/19/03, 1:13 pm


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