Legal Question in Criminal Law in Virginia

Re: Rights to deny search of vehicle

If you handed over the pipe voluntarily, not only did you give consent, you also gave him reason to search the rest of the vehicle. It is immaterial whether you were the owner of the vehicle, just that you were the operator.

Re: Rights to deny search of vehicle

Yes, the officer could search. He has a "reasonable articuable suspicion of criminal activity" that is, he would say he could detect the "odor of marijuana" about the car. Your "no way" defense is undercut by the fact that pot and a smoking device were in fact found and you at first denied it. It's a good bust.

Being an informant, or as we call them in court "good citizens" is a mixed blessing. Only use it if youre in alot of trouble. If this is your first offense you qualify for the first offenders program which consists of a year of probation and drug testing followed by a dismissal. Usually the police want you to make a felony bust in order to plead down your charge. For instance if you're charged with distribution, they will knock it down to simple possession, or maybe a misdemeanor. Hard to tell but the other downside is that snitches risk being fingered by the drug lords who they should most fear.

You need the advice of a good lawyer and I mean yesterday.

Good luck.

Re: Rights to deny search of vehicle

When a driver refuses to allow an officer to search the driver's vehicle(whether it be his own or someone else's) the officer must cease and desist in his efforts to search. Only if the officer arrests the driver or other occupant of the vehicle may he then search the vehicle incident to that arrest.