Friday, October 2, 2009

Tampa Federal Criminal Defense Attorney on Vehicle Search Seizure

Tampa Federal Criminal Defense Attorney on Vehicle Search SeizureBoard Certified Tampa Federal Criminal Defense Attorney, W.F. ''Casey'' Ebsary, reports a recent decision where The United States Supreme Court ruled: law enforcement can search passenger compartment of vehicle incident to recent occupant's arrest. But, only if it is reasonable to believe that arrestee might access the vehicle at the time of the search or that the vehicle contains evidence of the offense of arrest. The court further found that absent these justifications, search and seizure of defendant's vehicle will be unreasonable unless police obtain warrant or show that another exception to warrant requirement exists. A State supreme court had correctly ruled that the case had involved unreasonable search where driver was arrested for driving on suspended license, handcuffed, and locked in patrol car BEFORE officers searched his car and found cocaine in a jacket pocket.

1 comment:

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