Arrest, Search, Seizure, Warrant illegal search & seizure

[naughtynicole]

need some input, illegal search & seizure

I was trying to get into my mothers house , when the police arrive and ask what I was doing. I explained. he asked me for my id so I went to my car (parked on the street) my wallet was laying on the seat so I got my id and gave it to him. I had arrest warrant for traffic ticket so he arrested me . I asked one of the neighbors to take care of my car the police officer said I couldn't give posession of my car to anyone and he began searching my car. He found illegal drugs and paraphenelia. my mother came home during this process and told the police I had a right to be there and asked what was going on with the car. He explained he was seizing it and she then explained that she had been paying on the car, it was hers, and she didn't want them taking it. needless to say they did anyway. I was charged with possession with intent to deliver. is this an illegal search. If not, do they still have the right to seize the car. It is in both my mother's and my name. Her credit union has a loan on it. Also, I never told the police I was driving the car. The keys weren't in the ignition. There where also 2 sets of keys to the car. Someone could have dropped the car off there earlier without my knowledge of what was in it. How can they charge me with possession.

 

[aaronl]

Based on the facts you provided, and depending upon departmental policies, I can think of a number of possible arguments which might be used to prevent the fruits of the car search from being admitted into evidence - assuming you did not consent to the search. But it's three years later so you tell us (if you're still around): What happened?