Arrest, Search, Seizure, Warrant company searched my things

[anthony_wicker]

i drove a truck for a company. while at the terminal i was told to go take a random drug screen. while at the clinic a handful of office workers searched my truck to include all my personal things. i never gave them permission nor were the police or i were present.i did not lock the truck before i left.after returning from the clinic an office worker said,we found drug parrifinilla in your truck.they called the local police and i was aressted. i remained silent and never made any statements. all the maintance and office personel have keys to the truck. i told them i knew nothing.will i beat this arrest?

 

[CdwJava]

If you were driving a company truck, your expecation of privacy is greatly diminished. It is likely the search is good as it was conducted by private persons and ostensibly with the permission of the owner of the truck.

The arrest, if based on probable cause that you were in possession of drug paraphernalia is also likely good.

Whether the state can prove beyond a reasonable doubt that the drug paraphernalia was yours is questionable under these circumstances.

Consult local counsel.

So ... what will your drug screen show a positive test for? If it matches the paraphernalia, you're probably toast.

- Carl

 

[Jthomas346]

Sorry No Right To Supress the Evidence

Anthony -

As long as the Officer workers were not agents of the police (i.e. told by the police to go into the vehicle and search the car) or the company you are working for is not a state agency, the drug paraphernalia cannot be suppressed because of the search by your co-workers.

As for the proof that the paraphernailia is yours see Cdwa's comment. Was the truck used by other individuals? Why did they search the truck in the first place? As for the drug screen do the police know about this evidence?

And of course you seek counsel.

-J