Illegal Automobile Search Results in Evidence Being Thrown Out

When the police stop a car for a traffic violation, they have to let the car go once they reasonably finish the original stop.

According to the Salt Lake Tribune, federal judge Clark Waddoups excluded evidence found after an illegal search of an automobile because the police officer continued to question the driver after the traffic stop had concluded.

The driver's attorney, Benjamin McMurray, argued that "no reasonable person would have felt free to drive away from an officer who continued an interrogation despite having repeatedly been refused."

The United States Constitution protects against unreasonable warrantless searches. The driver in this case may have been guilty of speeding, but that did not entitle the police officer to search his car.

I have seen numerous cases, both as a prosecutor and as a defense attorney, in which a police officer improperly extended a traffic stop and asked for consent to search a car. Usually, the officer needs either a warrant to search or the driver needs to give consent to search the car if the search is going to be legal. If the driver does not give consent it is often difficult for the officer to legally search.

Man Freed After Prosecutor Refuses to Turn Over Evidence

You can't defend yourself against criminal charges unless the police and the prosecution tell you what you've been charged with and provide you with the evidence that you need to prepare your defense.

The Federal and the Utah Rules of Criminal Procedure require prosecutors to turn over evidence that is relevant to the defense's case preparation. But, the St. George Attorney's office refused to turn over the information they used to obtain a search warrant and information about a confidential informant after they had been requested under the Government Records Access Management Act.

The case was a federal prosecution, but the St. George attorney's office refused to comply with court orders that required them to turn the information over. Judge Dee Benson of the Utah Federal District Court permanently dismissed gun and drug charges that had been pending against Donald Gregory Edwards.

A Salt Lake Tribune story on the ruling can be found here.