Legal Question in Personal Injury in Florida
I am 17 years old and was the passenger in an automobile accident about a week ago. The driver fell asleep at the wheel and flipped the car. As soon as we tried to make our way out of the car people from cars behind us helped to call the ambulance and keep us calm. After we had been in the hospital for close to twenty minutes the officer who was on the scene made his way to my hospital bed with my backpack that was left in the car. I possessed a small amount of marijuana and paraphernalia in the bag which the officer pulled out and questioned me about. My question for you is if this evidence was attained legally of if I have a case to say there was no probable cause to search my belongings without my consent or presence. There was indeed an open container in the vehicle while the crash took place according to the officer, though the crash was in no way alcohol related as the driver passed a breathalyser test at the hospital. I am perfectly ok with accepting an underage alcohol charge though it seems odd that an officer is allowed to search through personal belongings without consent or probable cause. Thank you for your time.
2 Answers from Attorneys
You need to aski this of a criminal lawyer. I think you are correct barring any facts not known.
Yes- in order to search your backpack the officer needed probable cause or a warrant. If you were charged with possession of cannabis you should contact a criminal defense attorney to determine whether a motion to suppress can be filed. If you have additional questions, feel free to contact my office.
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