Legal Question in DUI Law in Florida

My son was followed by a police officer for about a mile, the police officer than pulled my son over when he pulled into our drive way. The officer said that my son did not come to a complete stop at the intersection about 8 blocks away from our home. After checking my son's drivers licenese the officer said it was fine and than asked if he could search my son. He agreed to have the officer search him and the officer found less than 10 ounces of pot on him. Did the officer have the right to search my son, they did not smell anything my son was not smoking in the car. Now they want my son to tell them who sold him the pot set this person up and they will not charge him with anything. My son is 19 years old which I like to know what are his constitutional rightts.


Asked on 1/22/11, 6:15 am

1 Answer from Attorneys
Craig Epifanio Craig Epifanio, P.A.

He did not have the right to search him UNLESS he gave his consent, which apparently he did. So if he had refused he would have been fine, but since he didn't it is probably a legal search. You should talk to an attorney in person about this in more detail.

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Answered on 1/27/11, 8:50 am


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