Legal Question in Criminal Law in Florida

poss of crack cocaine

My sister was a passenger in a vehicle parked in a parking lot a night. Police pulled up and asked the person in the driver for id. He doesn't have a valid FL driver license, so the officer had him step out, searched, cuffed, and arrested, I guess for not having a driver license even thou the vehicle was parked. My sister has a valid license.

Upon returning to the vehicle the officer noticed a crack pipe in the driver door and further search found 1 crack rock in the center compartment. I believe they were doing a inventory search being the car was not registered and going to be towed.

My sister was told she could leave, but she waited around because she needed clothes out of the vehicle. The officer when finding the rock asked who it belong to, She said it wasn't hers. They threated to do a dna/finger print of the bag to find, but they were both going to be charged now with constructive poss. She stupidly mummbled it was hers because she didn't want both of them to get the charge.

Can they arrest someone for no license even if they were't driving, just sitting in the driver seat? Police had no probable cause of a crime commited other than late a night and area known for drugs. Is this a illegal stop??


Asked on 6/15/08, 5:04 am

1 Answer from Attorneys
Leland Garvin Garvin Law Firm

Re: poss of crack cocaine

Depends on why the police claimed that they approached the vehicle, I would have to see the police report to be able to tell you more about the stop. As far as the driver is concerned the state doesn't have to prove that he was driving but rather "actual physical control" which basically means the ability to drive at a moments notice. If the car was running then they probably got him. The best shot at getting this thing tossed out would be the inital stop, I would just need to see the report to tell you more.

Her admission may give her some problems, otherwise it is constructive possession and without an admission she would be able to get the evidence suppressed, and thus no conviction.

Feel free to give me a ring if you have any more questions or want me to explain further.

good luck,

-Leland- 888.524.2426

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Answered on 6/15/08, 3:25 pm


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