Legal Question in Criminal Law in Virginia

drugs (pot)

I was just told that my son-in-law was on his property witch is a camp ground owned by his family it is privit property, the thing is he was shooting his gun at a target some one call the police of gun shotes the police came onto his property near the lake that he was at now all this is privet property his familys. the police came up to him told him someone had called about the noise, he was about to leave anyway and in opening his door to the truck a bag of pot fell out,the police took the pot and told him thay would send to to the lab and get back to him if it is pot thay would be back to get him and lock him up..can thay do such a thing...and I did talk to him about the pot..told him its not a good thing and never has been..but has his right been vialated


Asked on 4/10/05, 10:31 am

2 Answers from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: drugs (pot)

Your son-in-law would be well advised to arrange for a consultation with an attorney knowledgeable and skilled in matters of criminal defense who practices in the jurisdiction where this event occurred.

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Answered on 4/10/05, 9:14 pm
Fred Kaufman Fredrick S. Kaufman, Esquire

Re: drugs (pot)

No constitutional rights have been violated.

The law enforcement were on the private property investigating a proper complaint (noise of a gun shot). While investigating, they came in contact with the marijuana which was in plain view, that is they did not have to do anything to uncover it. Since they were in a place where they were legally permitted to be and the marijuana was in plain view, they have the right to make the arrest.

Very sorry.

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Answered on 4/10/05, 10:36 pm


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