Legal Question in Criminal Law in Arizona

possesion of harmful drug and illegal search

i want to know if the police have the right to search my car without my premission or a search warrant especially when another person was driving the car and did not give them permission and i was not around. second if the drugs and parafanalia was not on the individual but in the car are they still responsible if it was not there car? third being that it was my vehicle can i take responsability for the drug? what type of punishment would i be looking at as a first time offender? with no previous record what so ever thank you


Asked on 8/19/01, 9:22 pm

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: possesion of harmful drug and illegal search

The police will generally do an "inventory search" to get around the requirement of a search warrant. They are permitted to do this when they are impounding the car.

They are also permitted to make a search of the area surrounding the occupants for weapons without a warrant.

The punishment for drugs depends upon the type and quantity of the drug. A first offender will usually get probation or drug court if the quantity is small enough, although penalities are typically harsher for methamphetamines and crack cocaine than for marijuana and powder cocaine.

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Answered on 8/21/01, 11:37 am


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