Portsmouth, VA asked in Criminal Law for Virginia

Q: what was the probable cause to search me ?

was arrested with my girlfriend september 14th . she was driving and we got pulled over . as 2 officers walked up on both sides of the car , one of them noticed a pill bottle with some marijuana in it sticking out of her purse . the cops pulled both of us out of the car and searched us . did they have probable cause to search me even though they knew it was her purse that they saw the drugs in and she stated it was her purse? i was only sitting in the passenger seat of the car. they never asked to search me , just immediately put me in cuffs and started going through my pockets.

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2 Lawyer Answers
Wilfred Yeargan
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Answered
  • Criminal Law Lawyer
  • Fairfax, VA
  • Licensed in Virginia

A: In the vast majority of the cases, the police state that the reason for the detention and search is because they smell an odor of marijuana coming from the vehicle. Usually, you get the reasons for the stop and investigation through a pretrial process called discovery. An attorney can't know what the officer was thinking about the arrest until they do some investigation and find out all the facts. I would not post anymore information online. You need to contact a good criminal defense attorney and discuss possible defenses to your charges in a confidential setting. My office number is 703-352-9044.

Susan Fremit
Susan Fremit
Answered
  • Criminal Law Lawyer
  • Spotsylvania, VA
  • Licensed in Virginia

A: If you were charged with an offense, contact an experienced criminal defense attorney right away. Most attorneys will give you a free initial consultation. It appears that you may well have a defense.

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