My friend just got pulled over and had a 1/2 ounce of pot in his trunk, the cop that pulled him over asked him he could search his car and my friend said if u had a warrant. The cop said yea right and forced him to open his trunk, he spent the night in holding at juvi, and surprising got let out the next morning. Was that a illegal search and seizure and why did they just let him out.

Hello foot:

There's a lot more to this story, so I couldn't tell if the search was legal or not. Certainly if they try to prosecute your friend, I would raise the issue.

excon

1. No if he opened the trunk hisself, he was not forced but agreed to open it, Had the officer took the keys and opened it but after saying no, he could not search, if the suspect latter after being talked to, agrees to open it, then he agreed.

So was it illegal, depends on how the officer talked him into opening his trunk.

Will the search be called illegal, most likely not, unless the suspect has some proof of a illegal search.

And most likely he was released and will be given a court date, after the drug is officially tested.

Quote:

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Originally Posted by football_man108

My friend just got pulled over and had a 1/2 ounce of pot in his trunk, the cop that pulled him over asked him he could search his car and my friend said if u had a warrant. the cop said yea right and forced him to open his trunk, he spent the night in holding at juvi, and surprising got let out the next morning. was that a illegal search and seizure and why did they just let him out.

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Hard to say without the full details, but a warrantless search is permitted if there is probable cause to believe there is contraband inside the vehicle.

i.e. the officers sees it or smells it.