
Originally Posted by
HoustonJosh58
Finally a subject I feel like I can contribute something to....
You consented to a search so this is pretty much open season on your car. Fortunately, our judicial system still values a person's privacy; however, you basically have to jump through hoops to challenge the acts of a police officer. What it boils down to is as a passenger, do you have an expectation of privacy in your own gymbag? While the answer is most likely yes, you must challenge the search at the time it is being made, otherwise you are giving implied consent that you do not mind them searching the bag. If they are like most cops, they will go ahead and take the chance that you will not know your own rights and that the legality of the search will never become an issue.
Now you have to look at your remedies....assuming these cops are actually sending off your drugs for "testing" when the results come back and if a warrant is issued for your arrest, your local billboard attorney could get those charges dismissed blindfolded because like previously mentioned, this is the epitome of a procedural due process violation.
Now on the other hand, say you wanted to pursue your claim of an illegal search, all you could possibly gain would be the inadmissibility of the gear, assuming it was even brought forth in the first place. You are not getting your stuff back either way. The items in your bag will be presumed stolen, bought with drug money, etc.
I agree, sounds like you got lifted, but assuming you did not, come back and post or private message me with the amount of time it actually took them to contact you, I would help you myself, but I am not licensed in Missouri and you wouldn't want to pay for someone from out of town to deal with it anyway. I would rest easy in the fact that you probably saw the last of them; but if you haven't, get a local attorney familiar with 6th and 14th amendment law and smile as your charges are dropped because of violation of due process rights.