I'm trying to figure out whether or not this is an illegal search. My friends and I were going to a concert that is known for having drugs (police arn't allowed on the property). We had two vehicles and on our way there I got pulled over for speeding. The officer asked where we were headed and we said schwagstock (the concert). He then used that information to ask for a search. I said no so we waited 20 minutes for the k-9 unit to show up. It apparently hit (on ritalin somehow) and they found some ritalin. I was arrested and spent 24 hours in jail.
My lawyer says that where I was going cant be used as a reason for a search. He also said that the police are not allowed to hold me longer than for the original violation (speeding).
I can post the entire police report. I need to talk with my friend but I think the officer changed the story a bit in the report. He asked to search after we said we were going to schwagstock, but in the report he says he asked my friend if he had smoked marijuana recently and he said not in a while. He said he used that as reason to search. That still doesn't seem like a strong enough reason to search to me.
Is this an illegal search? I have a court date on feb 5th and I was charged with a class c felony. I'm hoping this illegal search will drop the whole case(if it is an illegal one).
thanks
edit: I'm not sure if this is the place to ask this question, but I saw another person ask a similar question on these forums
My lawyer says that where I was going cant be used as a reason for a search. He also said that the police are not allowed to hold me longer than for the original violation (speeding).
I can post the entire police report. I need to talk with my friend but I think the officer changed the story a bit in the report. He asked to search after we said we were going to schwagstock, but in the report he says he asked my friend if he had smoked marijuana recently and he said not in a while. He said he used that as reason to search. That still doesn't seem like a strong enough reason to search to me.
Is this an illegal search? I have a court date on feb 5th and I was charged with a class c felony. I'm hoping this illegal search will drop the whole case(if it is an illegal one).
thanks
edit: I'm not sure if this is the place to ask this question, but I saw another person ask a similar question on these forums
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