Asked in Criminal Law for Oklahoma

Q: If the driver openly states there is specific paraphernalia for the use of narcotics, is it PC to search the vehicle?

If the driver, who was stopped with PC to state statutes, admitts to using a specific narcotic in specific paraphernalia and states where the paraphernalia is located, is it enough PC to conduct a warrantless search of the vehicle?

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1 Lawyer Answer
David A. Cincotta
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Answered
  • Criminal Law Lawyer
  • Oklahoma City, OK
  • Licensed in Oklahoma

A: It's difficult to say without more facts. However, if an individual admits to a police officer that evidence of a crime is located within his/her vehicle, the courts are likely to say that an officer then had probable cause to search his/her car for additional evidence.

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