Arrested for failure to carry license on person, which was dismissed, should evidence after arrest dismiss?

Question

arrested for misdemeanor, failure to carry license on person, search incident to arrest , now being charged with a felony, failure to carry license dismissed, should charges also be dismissed for evidence found after arrest for misdemeanor?Also did have valid identification card, to verify valid license, and same officer had pulled me over 1 month prior to this and stated it was fine,{ ID card} because it was all the same information, as to verify license status.

Answer 1

Your didn't phrase your question properly, so we have to guess at your actual question.

I *think* what you're asking is that you were detained for misdemeanor (no proper ID), and in the search of (whatever, vehicle or premise) that resulted, something ELSE was found which lead to you being charged with a felony (of something). As the misdemeanor was dismissed in court, would that render the evidence found during the search that followed the misdemeanor an "illegal search", thus rendering the felony charge "moot"?

Unfortunately, it is not possible to give you an answer here as what you need now is actual LEGAL ADVICE, as in "from a proper lawyer". The information you gave so far can be argued either way. Again, talk to a real lawyer.

Answer 2

I can't understand what you are asking.

Answer 3

This is why lawyers get the big bucks.

Answer 4

Are you asking if a felony charge based on evidence found during a search following the misdemeanor charge should now be dismissed because the misdemeanor (failure to show your license) was dismissed?

If that's your question, then no.  The felony charge is a result of the evidence found during a legal search.

Answer 5

It doesn't matter whether the outlying charge was dismissed.

What is at issue here, is whether the arrest that led to the search incident to arrest was legal. Guilt or innocence is irrelevant, what matters is whether the officer had probable cause to arrest you.

Answer 6

This is not a felony charge. Whomever told you so was incorrect. If you have the proper i.d. show it to the Judge and or prosecutor to rectify the confusion. Should be dismissed afterward.