Q: My son has brain damage as a result of his epilepsy. He got pulled over by a local officer today.
He was searched as well as his car ! He was stopped due in part to his brake lights.
I don't believe that the officer had the right to search my son's car & search him too !
He didn't anything wrong. When we get it fixed we have to just show the court proof that
it was addressed.
A: David's Answer: Generally the police would need to have reasonable suspicion with specific, articulable facts justifying the search. Many cops get around this, however, by asking "is it o.k. if I look in the car?" Many people - not knowing their rights - say "yes." If so, this would constitute a consent to search, waiving the violation of his rights. Schedule a consult with a civil rights lawyer in your area for a full assessment. -- David Bliven, Bronx Civil Rights attorney (www.blivenlaw.net)
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