Legal Question in Constitutional Law in Colorado

Re: Search&seizure

Without knowing why your son was pulled over there is no way to say what the officer could or could not do without consent. The fact that your son gave consent, however, makes the question moot. The officer did only what your son had expressly said he could do, so your son really can't complain about it.

I'm also curious what you think "the legal limit" of marijuana is. Except in very unusual circumstances, any amount of marijuana is illegal. Your question suggests that your son was arrested for possession, but if the amount he possessed was "far less than the legal limit" this would not have happened.

Re: Search&seizure

Much of your concern about the search depends on why the officer stopped the van. If he stopped it without probable cause to believe some law was violated, whatever evidence was later seized would be inadmissible in court.

But beyond that, at least the first search (for weapons) was permissible, according to what you say, because your son gave consent. But the second search, of his pants pocket (again based on what you say), was not permissible unless your son gave consent to that search also, by separate declaration.

Your son's attorney should file a motion to suppress the evidence of the marijuana.

Incidentally, possession of marijuana of any amount is a crime in Colorado, though possession of an ounce or less is a Class 2 petty offense and carries a penalty of no more than a $100 fine.