Arrest, Search, Seizure, Warrant help needed please !

[Bm0Bm]

Hi all

Alright this is my story. about 3 months ago my older brother was pulled over for speeding. The police officer that pulled him over asked could he search the vehichle, and my brother said yes. My brother forgot that a stolen pistol and one ounce of marijuana was in the car, so therefore he was arrested. before the officer put him in handcuffs he snatched my brothers cell phone and through it. my brother asked could he go get it and the police officer replied " i aint getting shit". about 20 minutes later my mother got there and he went and found the cell cell phone. now i'm only sixteen, and since i dont get in trouble at all i never realy thought it was important to study the law, so my question is this. does an officer have to have a warrarant to search a 17 year old suspect's mothers car if he gave him permission.

My brother was hit with the eight charges as follows

1.) speeding
2.) possesion of a firearm
3.) recieving stolen property
4.) possesion of a firearm under a minor
5.) posseion of marijuana
6.) possesion of marijuana more then an ounce
7.) something about his drivers licencse ( he only has his permitt)
8.) posseion of marijuana with intent to sell

i'm about 80% sure the search was legal but how do you think chances are in court. He was also an exstremely troubled youth. if andbody has read anything that could possibly be directed toward his defense please inform me

 

[NYClex]

If your brother had given the consent to search the search was lawful. The fact that your mother actually is the owner of the car does not change that, the law does not ask who "owns" the property when it comes to consent to search, but who has "access and control" over and to it. And that in this case is the driver.

These are serious charges he is facing so he should discuss any defense strategy with his attorney. We cannot do that here since you cannot do that seriously without knowing all the background information and details of a case.