JUST SITTING IN MY CAR ON SIDE OF ROAD, COPS FIND HEROIN IN MY TRUNK

 Q: I was pulled over on the side of the
road (there were no signs or anything saying that you could not be parked in
this area) and police pulled up behind me and began questioning me. I didn’t
think I was doing anything wrong. They found 3 bags heroin inside my tackle box
in the trunk and some powder cocaine in an aspirin bottle in my fishing boot
also in the trunk. What do I do?

A: There is a lot of missing information an attorney
would need to know if you have an illegal search issue. For example, what
probable cause or reasonable suspicion drew their attention to even approach you?
What reasonable suspicion led them to your trunk? How about your tackle box, and
boot as well? Did you let them search
the trunk? How they get to open your trunk in the first place if you are not
violating any law is a good question and may lead to a constitutional defense. On
the other hand, if you are passed out on the side of the road, and you appear
to be under the influence of drugs or alcohol, they can inquire further.
However, they should not be able to search your car based on that alone. Review
the police reports and all of the information with an attorney before you go to
court.

View Attorney Profile

William R. Pelger

Licensed since 1987

Member at firm Pelger Law

AWARDS

Champion Badge Silver

RECENT POSTS

  • A friend of mine got into a minor accident while DUI and on probation?
    Posted on October 20, 2019
    Topic: DUI/DWI

    Q: A friend of mine just recently got into an accident. He moved slightly into the adjacent lane going about 25-30 mph and hit the side of another car. His BAC was about .11 on a breathalyzer. No one was hurt, and everyone was very accepting of his apology. Unfortunately, he is on probation and ... Read more

  • Do I turn myself into the magistrate if I appeal?
    Posted on October 20, 2019
    Topic: DUI/DWI

    Q: I got a driving under DUI suspended license, but it isn’t suspended anymore. I’m off probation for my DUI. So, if I want to fight it do I still have to turn myself in on the given date at the magistrate. (West Mifflin, PA) A: I assume you are saying that at the time ... Read more

  • Can I get convicted for DUI when out of the vehicle, no keys in ignition?
    Posted on October 20, 2019
    Topic: DUI/DWI

    Q: I was a passenger in my vehicle when the driver made a sharp turn into a parking lot and parked behind large SUV’s. He exited the vehicle and ran to the wood line, 30 feet away. My dog ran after him, I exited the vehicle and retrieved my dog, not knowing why he did ... Read more

William R. Pelger

Licensed since 1987

Member at firm Pelger Law

AWARDS

Champion Badge Silver

RECENT POSTS

  • A friend of mine got into a minor accident while DUI and on probation?
    Posted on October 20, 2019
    Topic: DUI/DWI

    Q: A friend of mine just recently got into an accident. He moved slightly into the adjacent lane going about 25-30 mph and hit the side of another car. His BAC was about .11 on a breathalyzer. No one was hurt, and everyone was very accepting of his apology. Unfortunately, he is on probation and ... Read more

  • Do I turn myself into the magistrate if I appeal?
    Posted on October 20, 2019
    Topic: DUI/DWI

    Q: I got a driving under DUI suspended license, but it isn’t suspended anymore. I’m off probation for my DUI. So, if I want to fight it do I still have to turn myself in on the given date at the magistrate. (West Mifflin, PA) A: I assume you are saying that at the time ... Read more

  • Can I get convicted for DUI when out of the vehicle, no keys in ignition?
    Posted on October 20, 2019
    Topic: DUI/DWI

    Q: I was a passenger in my vehicle when the driver made a sharp turn into a parking lot and parked behind large SUV’s. He exited the vehicle and ran to the wood line, 30 feet away. My dog ran after him, I exited the vehicle and retrieved my dog, not knowing why he did ... Read more