Legal Question in Criminal Law in South Carolina

Probable cause for a warrantless vehicle search

Defendant is stopped for headlight being out. Officer ascertains that Defendant has valid license, but is driving another party's vehicle. Officer ascertains that the vehicle is registered to Defendant's mother. No insurance card is in the car. Officer writes Defendant a warning for no headlight and cites Defendant for no proof of insurance. By officer's own statement, he gives Defendant her license, registration, etc. back to her and tells her she is free to go. As an afterthought, the Officer asks Defendant if she has any weapons or illegal drugs in the vehicle. Defendant states ''no''. He asks her to step out of the vehicle and asks permission to search the vehicle. She gives him permission. Officer finds a small amount of drugs in the pocketbook of the Defendant and charges her with possession of such. Was there probable cause for the search even though Defendant gave consent, and was it legal without a search warrant due to the fact that Defendant did not own the car?

1 Answer from Attorneys

Related Questions & Answers

More Criminal Law questions and answers in South Carolina

Looking for something else?