Legal Question in Criminal Law in Mississippi
search and siezure without probable cause
Does a male LEO have the right to search (twice)a female passenger of a motor vehicle which has been stopped for a cracked windshield? Drivers license has one moving violation in 46 years.I see no probable cause.Now the terrible part is o.1 gram's of cocaine was found on person.Consequently, $8,000.00 was seized from closed purse in car with no permission to search. Owner had given permission to search vehicle.Does this include passengers personal property? This has accrued one civil and one felony charge on a previously (almost) unblemished record. Would like to maintain that record, hopefuly you can give me some input. Thanks
2 Answers from Attorneys
Re: search and siezure without probable cause
Whether or not probable cause exists depends on the totality of the circumstances. Unfortunately, when consent is given, probable cause is no longer necessary to search. The search of the purse may or may not be illegal, based on the totality of the circumstances. In order to see whether or not an argument can be made, you need to consult w/ a lawyer who can record all facts and then look at the police reports. Generally, a passenger does not have great expectations of privacy in a vehicle that they do not own, but they still maintain some expectation of privacy in their own personal property. A legal consult and more information is definitely necessary to make this determination.
Re: search and siezure without probable cause
Depending on who said what exactly, It may be a fixable problem. I can't tell without more info. Normally, you look at the "totality of the circumstances" to determine if the waiver/consent is good.
Call me so we can discuss.662-563-9625
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