Unlawful Invasive Roadside Search
A roadside search inside a woman’s underwear violated her constitutional rights.
In Porter v. State, during a stop for a headlight violation, police detected the odor of marijuana coming from Porter’s person. After a pat down search found nothing, the police reached inside Porter’s underwear and found marijuana.
The reasonableness of a search depends on the scope of the intrusion, the manner in which it was conducted, the justification for initiating it and the place in which it is conducted. The Court of Appeals concluded the search here was unreasonable. No evidence existed of any measures to protect Porter’s privacy or any law enforcement need to conduct the search on the side of a public road. Further, no concerns existed about officer safety or the destruction of evidence. The defendant’s conviction for possession of a marijuana was reversed.
With over 34 years of handling thousands of criminal cases, Steven Knecht is familiar with the possible defenses to criminal charges. Few other attorney can match his trial experience and knowledge of criminal law and he can use that experience and knowledge to help you. If you find yourself having been arrested, you should immediately hire an experienced criminal defense lawyer that you can trust such as Steven Knecht to help you fight the State because you have a lot at stake on the outcome.