If I got pulled over in my car and the police found pot, can they take me home and search it?

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If I got pulled over in my car and the police found pot, can they take me home and search it?

Asked on March 29, 2012 under Criminal Law, Kentucky

Answers:

Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 9 years ago | Contributor

Typically, if you were pulled over, and the police had probable cause or a reasonable suspicion that you were in possession of marijuana, they have a limited right to search the vehicle. This is usually done at the scene of the stop. Not certain why they took you home and performed a further search. It appears that this subsequent search was outside of the scope of the original stop, which means that it may not have been a valid search. I would speak with a criminal defense attorney in your area to see if you can challenge the grounds of the subsequent search in hopes to exclude any evidence of drugs found as a result of the possible illegal search and seizure.


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