Is pressumed evidence found on a vehicle search for drugs valid, if the items found are irrelevant to probable cause for a search?
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Is pressumed evidence found on a vehicle search for drugs valid, if the items found are irrelevant to probable cause for a search?
Sheriff Officer approached my vehicle for unknown reason while patrolling casino parking lot. He used a marijuana pipe in plain view as probable cause to search my vehicle for potential drugs. While, I was parked in casino parking lot being the passenger and napping in my car. I Did not consent to the search, but he proceeded. Concluding his search, he found no drugs in the car. My vehicle was towed and I was charged and arrested for possession of burglary tools and identity theft which the officer pressumed. I Have no priors or criminal record for such allegations towards me. What should I do?
Asked on November 2, 2016 under Criminal Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
What you should do is retain a criminal defense attorney to represent you.
To answer your question: if the police had grounds to search, then anything illegal they find is admissible and can be the basis for an arrest, charges, prosecution, etc. If there was a marijuana pipe in plain view, they had legal grounds to search--when police actually see drug paraphenalia or other evidence of a crime, they don't need a warrant. Since the search was legal, any evidence of other criminal activity, like burglarly tools, is legally admissible/usable.
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