Is pressumed evidence found on a vehicle search for drugs valid, if the items found are irrelevant to probable cause for a search?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 4 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption