Drug technicality???

Question

My friendwas driving and he got pulled over for having no light on his license plate. I was on the passengers side, and for no reason they took my out and searched my and found drugs..is it considered a technicality?

How come they only took me out and searched me? and nobody else in car? there was the driver and another person on the back seat that didnt get searched until they found the drugs on me and they seatched them too..and i had the drug in my pants..

Answer 1

As part of a valid traffic stop, and officer generally has the right to ask for identification of everyone in the vehicle. I suspect, however, that there is more that you aren't telling us. They actually pulled both of you out of the car and searched you, on the no-light on license plate? I don't know what state you are in, but generally, unless there is some other reason, an officer won't pull someone out of the vehicle for that, unless they are bringing them out of the vehicle for a sobriety test, etc.

That being said, if they have made an arrest, for whatever reason, they have the right to take you out of the vehicle, and do a pat-down search. If they discovere something in your pocket, then they can use that as evidence against you. The courts are split on whether they can use things found in a purse, etc.

If you have been charged with possession of drugs, you need to contact a criminal defense attorney licensed in your state. For a referral, contact your local or state bar association.

Answer 2

No. You were pulled over by the police for a legal reason, the light was out on his plate. Since he was the driver, he had to have given permission to search the car and since you were the passenger, you had no right not to let them search, you were not the owner. Plus, if the police see something in plain view, they can ask you to get out and that may be when they found your drugs. Maybe you should not be trying to find fault with the police but yourself, since you are the one who broke the law!! Have fun in prison!

Answer 3

Naw, that is reasonable and within the scope of the law officers duties. It is stupid that pot is illegal, but that is the law. in most states. Like that other dood said, get a mouthpiece,lawyer, or just plead no lo and take the guilty rap that you are gonna get.
The policeman had a reason, you were in a car that was breaking the law by operating. A cop can search anybody on a public street they wish to, when you stepped out of the car,you were on a public venue.
Pay the fine, do the probation, if any.
next
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Answer 4

I agree--there is something you aren't telling us.

Police don't arbitrarily pull someone out of a car for no reason. Either they had the suspicion of drug use or....!

Something else happened we weren't told.

However, if they have the suspicion that something funny is going on, they can search your car and your person.

Answer 5

You have a case if you are not underage and depending on your state.

Some states like NC are now allowing more search and seizures for minors based on probabl cause. IE, they can say the smelled alcohol and search anyone in the car.

Answer 6

There was a violation of the search on your car. The police officer must only inspect the vehicle through plainview without taking anything from the car. This is a violation of the constitutional right of the people to be free from unwanted searches and arrests.

Answer 7

Yes it is legal and it is common place. My advice in the future don't carry drugs on your person/in the car at night. The cops are looking for such things at that time.

Answer 8

What's the technicality? They had probable cause to search you - they can prove it - they found drugs on you.

Stop making excuses and clean up your act.

Answer 9

Given the fact that had drugs in your posession, you'll have a very difficult time arguin that there was no reason.