Arrest, Search, Seizure, Warrant followed/searched

[tracy04]

my brother and his girl friend was coming home from working a high school game then went to get somthing to eat they came to a 4 way stop at the four way stop thier was thier car another vechile and a police car.the other car had the right of way they went then the cop had next right of way the cop flashed his lights for my brother and girlfriend to turn my brothers girlfriend flashed her lights for them and then turned right the cop followed them 3 1/2 blocks to the place they were staying they had to park out back in the parking place provided for that apartment they got out of the car and locked it with alarm activated the cop pulled in the alley and watched them walk about 2 feet from the door then shined the spotlight and ask them what they had been doing they told him they worked a game at school then went get somthing to eat the officers got out of the car and put my brother on the back of the car and started talking to his girlfriend and told her her the license plate light did not work and ask her if she was drinking she said no then they searched my brother did not find anything also called his name&soc. # in no wants or warrants then hers same thing no wants or warrants then they read them thier rights they set my brother in police car and left girlfriend standing out side police car then they went over to the car with out aking and searched it the found pot and laoded gun under the drivers seat and ask who it was she said my brothers and then they ask my brother he said it was his they put her in cuffs and told my brother he was going to get off tonight he was getting lucky he ask why that joint and gun belong to me .well the police officer said it don't matter it was under her car seat on drivers side she is 17 he is 18 both graduated early the car and insurance was in her mothers name the cop never pulled them over while car was moving and never asked permission to search car. now they are charging her with misdemenor drug abuse and 2 feloney gun charges and traffic vol.can these charges stick with no probable cause and no permission to search vechile under ohio law?

 

[Michael Wechsler]

It's difficult to tell from your story what happened. Did they consent to the police looking in the car? Did they have reason to believe that either or both of them were driving while under the influence of drugs or alcohol?

From my understanding, if the police searched your brother and the car without consent, then there may be an issue with regard to illegal search and seizure. However, it seems you weren't there and I can only wonder what the story the police are going to tell. With regard to his girlfriend being charged, the police are correct in charging her, especially if the weapon was under her seat.

These are serious charges and I wish them all the best. I don't want to give you any false hopes but the stories always change and especially when told to a third party who is then relaying the story to us. Not a criticism, but just a fact... good luck.

my brother and his girl friend was coming home from working a high school game then went to get somthing to eat they came to a 4 way stop at the four way stop thier was thier car another vechile and a police car.the other car had the right of way they went then the cop had next right of way the cop flashed his lights for my brother and girlfriend to turn my brothers girlfriend flashed her lights for them and then turned right the cop followed them 3 1/2 blocks to the place they were staying they had to park out back in the parking place provided for that apartment they got out of the car and locked it with alarm activated the cop pulled in the alley and watched them walk about 2 feet from the door then shined the spotlight and ask them what they had been doing they told him they worked a game at school then went get somthing to eat the officers got out of the car and put my brother on the back of the car and started talking to his girlfriend and told her her the license plate light did not work and ask her if she was drinking she said no then they searched my brother did not find anything also called his name&soc. # in no wants or warrants then hers same thing no wants or warrants then they read them thier rights they set my brother in police car and left girlfriend standing out side police car then they went over to the car with out aking and searched it the found pot and laoded gun under the drivers seat and ask who it was she said my brothers and then they ask my brother he said it was his they put her in cuffs and told my brother he was going to get off tonight he was getting lucky he ask why that joint and gun belong to me .well the police officer said it don't matter it was under her car seat on drivers side she is 17 he is 18 both graduated early the car and insurance was in her mothers name the cop never pulled them over while car was moving and never asked permission to search car. now they are charging her with misdemenor drug abuse and 2 feloney gun charges and traffic vol.can these charges stick with no probable cause and no permission to search vechile under ohio law?