Arrest, Search, Seizure, Warrant Does this sound legit?

[pmartin245]

I was involved in a car accident (I hit a guy in the back at a stop light) and there was damage to both cars. We decided to pull off into a gas station nearby to work it out and not be in the middle of traffic. We did not call the cops but while the guy was talking to my mom on the phone, an unmarked blazer drove up and a cop stepped out and questioned us. We told him that we had worked it out and that everything was fine. I had given the guy my ID (i didnt have an actual license on me) and right before the cop left, the guy was like how am I sure that he will not disappear on me? So the cop wrote down my info from me and then they guy was like "I have this.." and showed the cop my regular ID. The cop asked me if I was a licensed driver and to my knowledge, I was. Then he called it in. The dispatch responded that my license was SUSPENDED due to not attending a graduated drivers class! I had no knowledge of this. So then the cop wrote down the license plates of both cars and then he arrested me, frisked me (found nothing) and then placed me in the back of the cruiser. They did not ask me if they could search the car. The wreckers showed up to tow the car (before i had gotten arrested and i gave them the keys to the car). And to my amazement, they started vigorously searching the car. I could see them searching the center consoles, under the seats.. everything. They EVEN opened the trunk! They found my wallet that I had lost a few days ago wedged between the bottom of the center console and the front drivers seat. In my wallet was a fake ID (a fabricated, not an actual ID) that had my picture on it. I was later charged with driving under a suspended license and criminal possession of a fraudulent device.

Does it sound legitamate?

 

[pmartin245]

When i say "they searched my car", I'm referring to the cops

 

[NYClex]

There might be some issues here. It depends on several details you should discuss with your defense lawyer.

The issues are: where were you when the search happened. Where was the car going to be towed to? Who actually did perform the search, the cop(s) or the wrecker guys.

There are two legal theories that allow a warrantless search of a car, but only within limits: search incident to arrest and an "inventory search."

You would try to suppress the fake ID by looking at the details of the search and hoping that it was beyond the legally allowed scope. But don't bet on it yet, courts lately have been pretty lenient to the police in this kind of situation. Discuss it with your lawyer.

 

[pmartin245]

The search was done by the cops at the scene. I was in the back of the cruiser. The Wreckers did not do the search. The search was being conducted vigorously. They were looking everywhere. The car was being taken to the wreckers yard.

 

[NYClex]

well, this probably was an inventory search, but let your attorney check this out