Legal Question in Criminal Law in South Carolina

improper search

My daughter 17 and her boyfriend went to a home that was being watched for drugs.After leaving the residence they got pulled a mile down the road.They came up to the car and asked them did they know what was going on in the house. They pulled hem out of the car and said they were searching the car for drugs. They found a few seeds and stems in my daughters pocketbook. They charged both of them with simple possession. THEY DID NOT TELL THEM WHY THEY WERE PULLED,AND JUST STARTED SEARCHING THE CAR WITHOUT ASKING THEM. IS THIS LEGAL?


Asked on 9/22/07, 7:07 am

1 Answer from Attorneys

Robert Johnston Law Offices of Robert J. Johnston

Re: improper search

The police are required to have probable cause to pull over a vehicle. Once the car is pulled over, they are allowed to conduct a limited search. Does your daughter have any idea why they were stopped?

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Answered on 9/22/07, 10:00 am


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