My boyfriend was charged with pos with intent and a gun. The police saw him in a car and called down another cop. I think the cop was supposed to perform a terry stop(pat down for weapon). The cop went down his pants and then found drugs. They did not have probable cause to go to him. What defense should he use it court?

Hello sovit:

There have been hundreds of legal books written on searchs which would equal about one 6 foot thick book. Therefore, giving you the answer that will get your boyfriend off, isn't quite so simple.

For starters, tell him not to say a word to anyone. Second, he should hire the best lawyer he can. Third, if they have no probable cause, then he's got it beat.

excon

Excon is correct, when and if they read you your rights, after that remain silent, don't say one single word, do not respond to anything they say or do.

Does the gun need to test fired?

Hello again, sovit:

If they're looking for a gun like that, you betcha it will be test fired. But, if they don't have a crime that matches up to the gun, I doubt they would test fire it just for drill.

excon

If they did not have probable cause, and he did not give them permission to search, then he may have a good chance. Now if he was on probation then he has no 4th amendment rights n they didn't need probable cause.