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.