Legal Question in Criminal Law in Washington

criminal

My son and 2 friend ran out of gas in front of an officer and were waiting for me to bring them gas. The police pulled up behind them with their lights on came up to the car and asked if there was a problem they say the lights flicker as they pulled over. The driver said they ran out of gas and then they asked for her license. After running her license they asked the passenger to roll down his window and identify himself. They asked the passenger in back seat what he was hiding under the coat. After being told what was under the coat, then proceeded to get the driver out of the car and questioned her.Then they asked the rear passenger to get out- talked to him and asked him if it was his vehicle. Then took front passenger out of car and preceded to search him. Upon searching him they found a meth pipe and placed him under arrest. is this a legal search?


Asked on 10/29/07, 2:25 pm

1 Answer from Attorneys
James J. White, attorney Law Offices of Smith & White, PLLC

Re: criminal

Perhaps not. A search may legally occur by consent so it depends on how much consent was granted. If the officer says "will you step out?" and you do, and the officer asks "Can I search you?" and you agree--that's all legal. However, there is a lot of case law establishing that a right to stop, question and/or search the driver of a vehicle doesn't give the same authority as to a passenger.

Officers are also allowed to do a terry search for safety but this is balanced against a passenger's freedom to just leave the scene (he hasn't been stopped). So, in short is is complicated and you need to sit down with a lawyer, the police report and the passengers to get any sense of what will likely happen in court.

Contact me directly if you'd like further assistance.

At your service,

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Answered on 10/29/07, 2:45 pm


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