I was searched because my friend ran a stop sign and the cop found less than .5g of weed on me and he didn't arrest me, so will i get charged?

Question Details: I'm 16 year old female. The cop just put the week in his pocket and took everyone's info. I'm on probation but i didn't tell him that because he didn't ask if i was. After he found it i wasn't arrested and he just made my step dad come and pick me up and take me home. He also said i might be getting papers about it.

Asked 6/1/2009 under Criminal Defense | 193 View(s) | More Legal Topics

Are you an attorney? Sign up to answer this question.

Criminal Defense Law Answers

Robert Pellinen / Law Offices of Robert Pellinen Answered 2 years ago | Contributor with 0 answers This attorney is licensed in California

First and foremost, I take it you were a passenger and therefore did not commit any crime or vehicle violation, therefore, the police had no reason to search you and if the search was illegal under the Fourth Amendment the cannabis can not be used as evidence against you.

But from a practical standpoint, because you didn't violate any laws before the seizure, I don't think anything will happen to you.  Frequently, police will take the drugs, but if it's a small amount for personal use and if its weed, you probably won't be charged. Because you were not "arrested" or charged with any crime, don't tell probation officers about this incident because you weren't driving and the therefore never charged with a crime or an infraction.  I think you'll be OKwith your probation situation. Meanwhile, don't discuss this case with anybody. I don't think the district attorney will prosecute you given the circumstances you described.   

Related Criminal Defense Questions

Didn't find your answer? Ask.

  Top Ranking Attorneys

Sign Up Today! Are you a lawyer?
Want to be featured here?
Sign up for a free profile and get started today! Click Here

More Questions Like This...

AttorneyPages.com