Legal Question in Criminal Law in Kentucky
Consent to search car BIG mistake
My daughter was stopped for a speeding (54 in a 45) zone. She was alone. The policeman asked if he could search her car. She said sure since she knew he wouldn't find anything illegal in her car.
He found a pipe for smoking pot in a cosmetic bag in her glove compartment and charged her with having drug paraphernalia with drug residue. She was shocked of course. Now she has to appear in court the first week of December. What can she do? (I am assuming that none of her friends will admit that it is theirs.)
1 Answer from Attorneys
Re: Consent to search car BIG mistake
She needs to consult local counsel or ask that one be appointed if she cannot afford to hire someone. This offense is enhancable, that is a second offense can carry a greater penalty. This is all the more serious when you consider that anything can be classified as something to be used for drugs. Girls are really vulnerable to this because of what they normally carry in their purses- tweezers, clippers, etc which all can be used for some sort of drug use. She could challenge the search but she did give permission and that is why she needs local counsel. My own position is that anytime that an officer asks to search your vehicle or premises, he has decided what he is going to find and you don't allow it without a warrant. If the police have your permission, then there is no limit to what they can do. They do not want anyone else deciding if their search is permissable. Do not give permission even if they say they do not need a warrant. (of course some, not all, will say that you gave permission anyway.)
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