Legal Question in Criminal Law in Virginia

vehicle search

My bf was pulled over for expired tags on his car. The cop asked for his license and registration, asked him where he got his plates and then asked him to get out of the car. When he got out of the car, the officer asked ''might i search your car'' to which he answered, ''okay''. The officer searched the glove compartment only and found a stem of pot in an altoids case. No actual pot or paraphanalia was found. There has not been actual marijuana in the car for over six months and all that was found was seriously a stem. My bf has not used drugs since then. After finding the stem, the officers then said ''we dont usually stop cars for stuff like this, but we are looking for a car loaded down with drugs''. Obviously they DO pull cars over in every state for expired registration so that didn't make much sense to anyone involved. After the search, the officer wrote him a ticket for no registration and pot possession and sent him on his way. There was nothing in the car (visible, obviously) that would lead the officer to think there was pot in the car. 3 police cars were also there, so my bf was a bit shaken up with the whole thing.

Did they have a right to ask to search the car? And are there any laws that can help him? Thanks!


Asked on 4/20/05, 6:42 pm

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

Re: vehicle search

"Did they have a right to ask to search the car?",you ask. Why, of course, they had the right

to ask. However, your boyfriend certainly did not have to accommodate their request by giving his consent to the search, and, as subsequent developments amply demonstrate, he was very foolish to do so. However, since he did consent to the search, everything that you've described regarding police conduct would appear to be perfectly legal and, therefore, about all your boyfriend can do now is to hire a lawyer to negotiate some type of plea bargain in his behalf.

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Answered on 4/20/05, 9:23 pm
Fred Kaufman Fredrick S. Kaufman, Esquire

Re: vehicle search

The stop of the car was legal but I'm not so sure about the search unless the police had a reasonable articuable suspicion of criminal activity. I think theres plenty to work with as far as a defense.

Good luck

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Answered on 4/20/05, 10:05 pm


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