Legal Question in Traffic Law in Virginia

Re: Virginia law-Police rights

I'm not an expert on the racial discrimination angle, but here is what I think: Your license plates and other information that can be publicly observed is public information that can be openly observed by a police officer (not private). Therefore, I believe that the police officer could run your plates for no particular reason.

However, it is a leap from the registration plates for the car to the driver's license of any particular driver, because the police officer would have no basis for assuming that the person driving is necessarily the owner of the car. If someone's license is suspended, it might be especially likely that someone else is driving. Therefore, I would question whether the police officer would have sufficient probable cause to stop you and demand to see your license on the basis of a random check of your registration plates on the outside of the car, with no other reason for having done that.

But the question is whether any of that matters once you agreed to let the police officer search the car. Of course you should have said no. (The best thing to do is to ask "Am I required to do this?" Of course on some level it is a silly question because why else would the police officer be asking. But before refusing to do something with a police officer it is generally a good idea to pin down that it is NOT required. And if the cop says yes it is required, then you are no longer giving consent, because you don't have a choice, so you win on that one. So you should have asked, "Do I have to?" and then said "Well, if it's not required, then I suppose I will decline." People are afraid that will make them look guilty, but so what? The cop has already stopped you. It can't get any worse... except by the police officer finding something illegal on you.)

But having given the police officer permission to search the car, there might not be much you can do about it now.

Unless your friend turns on you and says the pot was yours, you should have little difficulty in beating that charge.

But your friend needs some different legal advice entirely, and there is a conflict of interest between you. For example, how can you give consent to search your friend's person? In fact, I don't even see how the cop could be searching your passenger's person/clothes if he only asked to search THE CAR. Your passenger is not a car. Unless your passenger gave permission to be personally searched, I think your passenger may have a legal objection to the cop finding the weed in his clothes. Your permission to search your car should not allow the cop to search your passenger's personal clothing, without his additional and separate consent.

Re: Virginia law-Police rights

It is not illegal or uncommon for officers to check license plates for defects in the registration or the owner's license. Moreover, if he briefly pulled aside you, it is likely he was checking to see if you matched the description on your license. Even if the officer stoppped you based on his subjective belief you were involved in a drug deal, he had valid objective reason as well (your suspension) and that is all that is legally required.

The key issues in your case are:

1) did you have notice of the suspension? If so, you will likely be convicted. However, if you did not have notice, that would be a defense. I'd check your driving record to see what it says. I'd also get your license reinstated ASAP. Immediate compliance always plays well with the court.

2) On the marijuana, they would have to prove that you had both knowledge and the ability to possess the drugs (within your reach/control). Depending on what was said to the officer by both sides you will likely have some defenses. In fact, if you denied all knowledge consistantly, it is highly probable that you would be able to beat this charge.

I stongly recommend that you obtain counsel to assist you with these matters, and that you do not wait for the last minute to do so. Pre-trial preperation in a case like this can make a substantial difference.

Re: Virginia law-Police rights

This question seems to appear fairly often on the BBS as to whether a police officer has an automatic right to run a tag(license plate)check on a vehicle or whether s/he needs "probable cause" for such a check. The unequivocal answer is that the officer always has such a right to run any tag number displayed on the exterior of any vehicle whether operational or parked anywhere in the Commonwealth of Virginia which is visible to the officer from him or hers operational location.

This information is not only a matter of public

record but is also a factor necessary to ensure that the laws concerning the operation of vehicles are being complied with in a manner designed to safeguard the public at large.