Apopka, FL asked in Criminal Law and Federal Crimes for Florida

Q: If a officer pulls over a vehicle & ask to see drivers license but notice a green substance (marijuana) does that give

Them probable cause to search passengers & the vehicle?

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1 Lawyer Answer
Jeffrey H. Garland
Jeffrey H. Garland
PREMIUM
Answered
  • Criminal Law Lawyer
  • Fort Pierce, FL
  • Licensed in Florida

A: There are ample cases saying that there would be probable cause in such a situation. The legalization of hemp and medical marijuana might change these rulings over time. If there is pc to search the car, then the police can have passengers exit and they can be subjected to a protective search. The driver could be fully searched and arrested. If police are so busy, then one wonders why police would waste time on prosecuting particles of suspected weed- assuming nothing else was found. Your lawyer could demand laboratory testing to prove that the material is truly cannabis and not hemp or just some made up observation to “justify” a warrantless search of a vehicle.

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