Legal Question in Criminal Law in Virginia

Vehicle Search Procedures

Officer pulled over car saying tags did not match the vehicle in question. Untrue and unfounded, all registration agrees, he refused to run tags again in presence of driver. He did not charge, however he asked the driver (18 yo) if he could search the ''trunk'', she being young, advised yes. the trunk. Other passengers were told to get out, searched (supposedly for weapons) and all charged with possession of tiny amounts of marijuana.

-Do the passengers have a leg to stand on if they fight it and if you consent to search of trunk (nothing found) does that imply consent for entire vehicle?


Asked on 9/01/07, 1:14 pm

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

Re: Vehicle Search Procedures

If the reason for the traffic stop was what the law calls "pretextual", meaning merely as a cover and excuse to search the subject vehicle and without valid basis, then, the subsequent search of the vehicle (even if allededly consensual)and the charging of the individual vehicle occupants with marijuana possession, are all likely subject to legal challenge.

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Answered on 9/01/07, 5:16 pm


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