Q: Florida probable cause search question
When an officer in Florida searches a vehicle under his belief that he has probable cause due to the odor of marijuana ( real or fabricated to gain “legal accesses” to the vehicle) and then does not find any marijuana, ashes, butts or Paraffinalia, but does find other illegal drugs or firearms, is the search a valid legal search and are the items found legal evidence to convict the driver of the vehicle for crimes.
A: yes, including the paraphernalia
Roger P. Foley agrees with this answer
A: If an officer has probable cause to search for marijuana within a vehicle, then he may search where marijuana could be found. If he finds other unlawful controlled substances or unlawful items during a valid search, then the items are admissible in a prosecution for possession of such unlawful items. Firearms are not per se unlawful to possess. A person may transport a firearm in a vehicle without violating the law against carrying a concealed firearm if the firearm is securely encased, for example in a zipper case or box.
A: Yes. If he finds a body in your truck then you will be charged. If he finds any illegal items than it is evidence that will be used against the person in control of the vehicle.
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