Legal Question in Criminal Law in Florida
probable cause or consent to search
i was involved in a traffic accident. the officer did a dui test and said i was under arrest and searched me and found a small amount of cocaine in my pocket. i made bail and when i got my court papers i was only being charged with the cocaine possesion and not the dui charge. i never gave him consent to search me ether. so my question is where is his probable cause if i didnt give him consent to search and he didnt charge me with the dui? my only charge is posession of cocaine and they seized 2600.00 dollars from me. thank you.
1 Answer from Attorneys
Re: probable cause or consent to search
When you were arrested for the DUI the officer was allowed to search you incident to arrest. You did not need to give consent. Please contact our office so we may discuss the matter further.
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