Washington, DC asked in Civil Rights, Constitutional Law and DUI / DWI for Pennsylvania

Q: Did the police legally search my car?

I was pulled over tonight and the officer said he wanted to administer a sobriety test based on the fact that my pupils appeared to be dilated. I informed him I was taking prescription medication yet he gave me the test anyway, told me I didn’t “really” pass and said that was probable cause to search my vehicle. I didn’t know at the time but one of the two friends I was with had heroin on her. She was arrested along with her boyfriend and After he searched my vehicle he told me he was letting me go but advised me not to drive. But that when they leave, what happens to me is on me. I want to know if they illegally searched my car based on the fact that my pupils appeared to be dilated?

1 Lawyer Answer
Ryan L Hyde
Ryan L Hyde
  • Criminal Law Lawyer
  • Exton , PA
  • Licensed in Pennsylvania

A: Here is the thing, prescription drugs can make you illegale to drive if you ate under the influence. Whether or not he had probable cause to believe you have controlled substances is certainly arguable. If you appeared impaired and admitted to taking medications one could certainly argue he had probable cause. It sounds like he isnt charging you with anythong which is good. It also sounds like you didnt hit anyone that is also good. Does not sound like you have a civil rights issue.

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