Legal Question in Criminal Law in California

I was recently giving somebody a ride to the highway patrol office so they could get a release on his truck. He asked me to go in because i was a licensed driver. we went in and the receptionist said we smelled like marijuana. I was taken in the back and given about 40 minutes of tests to determine if i was under the influence. i passed all of them and was brought back to the front in that time they were searching my car. I was not on probation or parole. shoulnt of they asked to search the car ?> he was also searched. neitheer of us were under the influence . what was there probable cause?


Asked on 10/29/09, 4:11 pm

1 Answer from Attorneys

Brian Dinday Law Offices of Brian R. Dinday

The smell alone is probable cause to search. From what you have said, they were within their rights to search the truck.

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Answered on 11/03/09, 6:51 pm


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