Asked in Constitutional Law for Maryland

Q: Is being pulled over for suspended registration in a police officer seeing the top of a ziplock baggie in a purse but

No contents probable cause for search

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2 Lawyer Answers
Mark Oakley
Mark Oakley
Answered
  • Criminal Law Lawyer
  • Rockville, MD
  • Licensed in Maryland

A: No, but I am confident that the police officer will claim there was more to it than that. You need to have a lawyer review all aspects on the search, and that will require obtaining discovery from the State. There may be body cam video to review as well. I assume you were arrested for possessing an illegal substance, otherwise there is nothing to suppress in connecion with an illegal search and seizure. If you are charged with a criminal offense, you need a lawyer.

Scott Scherr agrees with this answer

Scott Scherr
Scott Scherr
Answered
  • Criminal Law Lawyer
  • Towson, MD
  • Licensed in Maryland

A: If the Ziplock bag is in plain view and the officer can see its contents or have justifiable suspicion that there are drugs, then he can search the bag. If the officer only can see a bag and cannot see what is in it, this is not enough for a search. Of course, Ziplock bags are transparent so expect the officer to say he could see what appeared to be drugs.

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