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Motion To Suppress

I Was A Passenger In My Friend’s Car & Was Arrested. Can I File A Motion To Suppress?

- VT, Texas

Answer:

Suppose one day you and a friend are riding in your friend’s car. He’s driving and he gets stopped for speeding. The cop decides to have you both get out of the car. The cop then finds drugs in the car in the arm rest. You want to file a motion to suppress because the cop shouldn’t have searched the car.

The problem is, that because it’s not your car you have no control over the car, and you have no authority to agree to the search. Because you couldn’t agree to a search, you can’t argue that the search was illegal.

But you shouldn’t care anyway because your plan at trial is to argue that you don’t care about the search. Why don’t you care? Because the drugs found aren’t yours. Who cares what the cop found if it’s not yours?



This answer does not constitute legal advice, which can only be rendered after a full consideration of the facts of your case which is not possible in this format; nor establish an attorney-client relationship, which can only be done after you and an attorney meet and agree on the terms of that relationship. This answer is intended solely to provide general information about the justice system. Further, it does not provide the basis for making decisions about a course of action. Before making any decisions about a course of action readers are strongly encouraged to contact a lawyer and secure an attorney-client relationship. Readers must also understand that this format does not provide for confidential communication. Moreover, links to information on this site are for your convenience only and are not an endorsement or recommendation of those sites, and no responsibility is taken for any information at these linked sites, nor makes any representation or warranty with respect to these sites or the information contained therein.
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The Law Office of Richard T. Jones - Austin Criminal Defense Attorney
Located at 1004 West Avenue Austin, TX 78701. View Map
Virtual Office: 1000 Heritage Center Circle Round Rock, TX 78664.
Phone: (888) 492-2612 | Local Phone: (512) 856-4022.
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