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?

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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?

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 on May 31, 2009 under Criminal Law, Pennsylvania

Answers:

Robert Pellinen / Law Offices of Robert Pellinen

Answered 11 years ago | Contributor

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.   


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