Legal Question in Criminal Law in Virginia

Probable Cause and Search/Seizure

My friend and I pulled into a parking lot to go watch a movie. As we opened the car doors, a cop car pulled up and asked to speak with my friend. Another officer then started questioning me and asked what we were doing. I told the officer that we were there to see a movie and he asked to search me which I denied. The officers then told us the parking lot was a ''high drug'' area which permitted the questioning and eventual search. The officers proclaimed that they were calling a K-9 and if the K-9 found any drugs we were going to prison. As the K-9 officer arrived, the driver of the car told the officer there was a small amount of marijuana in the car's glove compartment which the dog found and now we are going to court. I want to know if a movie theatre parking lot known to be ''a high drug area'' is sufficient for probable cause and eventual search?


Asked on 7/17/08, 2:59 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Probable Cause and Search/Seizure

No need to ponder the vagaries of probable cause in this situation since apparently "the driver of the car told the officer there was a small amount of marijuana in the car's glove department".

And, even without this admission, when the sniffing dog alerted to the marijuana secreted in the glove department, that would've been sufficient probable cause to permit the officer to open the glove department and search it for the contraband apparently detected by the dog.

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Answered on 7/17/08, 8:47 pm


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