A search without consent, warrant, and probable cause.
Question Details: What makes it alright for a police officer to pull you over doing 72 in a 65 flow of traffic, asking to search the vehicle; without any consent, probable cause or form of a warrent, searched it anyways and found drugs. And then only gave a $35 ticket. Was that right of him to do in the first place?
As long as you are driving over the speed limit, despite the fact that you are driving with the "flow of traffic," the officer has the right to pull you over for speeding. I would want to know, however, whether the officer told you why he stopped you? Was it an illegal pretext stop, i.e., did the car, driver, passengers, etc., fit the profile of drug dealers? A pretext stop can be challenged on a pre-trial motion.
If the officer stopped you for speeding, he would not have the right to search your car without your consent, probable cause to believe that you had committed a crime (drug paraphenalia in plain view) or a search warrant. This would be an issue to be raised as a pre-trial motion on the charge.
Was someone else in the car charged with possession of illegal drugs? If no one has been cited into court for possession of illegal drugs but the officer took drugs for the car, perhaps he is having them tested before issuing a citation.
