control substance that was never in his possession Police said in discovery that he asked the Passenger is this your drug and officer lied in the report and said passenger said yes it is and arrested person. The person and driver said there was never no drug in the car officer said some one though it out the window. First the car was stop for speeding but there was no radar gun and no citation for speeding This case is a violation of the 4th amendment and should the arrestee plead the 5th
There are a lot of moving parts in a question like this. You need to sit down with a criminal defense attorney so that he or she can map out a good defense. Unfortunately, law enforcement officers frequently lie when preparing offense reports and when testifying at trial. If there was no cause to stop the vehicle, and it can be demonstrated to the court through a motion to suppress, your attorney may be able to resolve your case without the need for trial. The short answer, however, is to seek out a criminal defense attorney.
This has been presented before. I guess the author didn't like the answers he got.
I applaud the other attorneys for attempting answers. There is not a question here. I suggest you talk to a lawyer in your area that handles criminal defense and talk to them in person. They are going to have some questions for you. Have them evaluate your case and then you should hire the attorney you feel comfortable with.
If you plan on claiming the police are lying and violated your rights, you are going to need an attorney. There is likely other evidence of this transaction, a video and/or audio recording from the patrol car or a body camera on the officer. This evidence could be crucial.
Hire an attorney. If there are blatant violations of the 4th Amendment, then your attorney should be able to spot those. You have a right to request a trial and have a jury of your peers determine if rights were violated. A criminal defendant has a right to remain silent and not take the witness stand in a trial if he or she so chooses.
Most LE agencies units are equipped with video and audio recording devices. The passengers statements should be on tape. The same goes for the dope out the window move, the video should show the bindle going out of the car, and maybe who threw it. When the lights go on the Police car, most digital video saves the lost 30 secs or more, so the entire stop should be recorded. When PO's arrest for a jailable offense, they often will not include the citation charge, which is a fine only. The defendant will not have to plead the 5th unless he takes the stand in a trial. Get a good attorney and follow his advice.
