Is it probable cause to search car due to previous search of car, Marijuana found about a month before it became legal.

Question

Hello, I was taking my fiance to work today and got pulled over by a sheriff for Suspended Registration. My License was found to be suspended also. They sent the court date to the wrong address. The sheriff took my info and went back to his car. Another cop pulled up with a k-9. The original officer came back and said he had probable cause to search my vehicle due to a previous traffic stop for not switching lanes when an emergency vehicle was pulled over on the shoulder, I had just pulled out onto that road and had to make an immediate right after passing the emergency vehicle, at that traffic stop my vehicle was searched and they found less than a gram of Marijuana about a month before it became legal. Would that be probable cause to search my car at this traffic stop today?

Mark Oakley · Answer

No, the prior incident does not provide probable cause to search your vehicle in this incident.  The remedy for an illegal search is suppression of the evidence at trial if you were charged with a criminal offense based on what they found.   
 
If they found nothing, and you are just upset that they delayed and inconvenienced (and maybe embarassed and humiliated) you by conducting a fruitless search without probable cause, then your remedy is purely civil in nature, based on a civil rights violation.  The monetary worth of your claim would be rather minimal, and the time, effort and expense involved to bring the claim would most likely not interest an attorney.  You can file a complaint with the Sheriff's Department about the deputies involved, or with any civilian police complaint review board that has jurisdiction over the Sheriff's office, which might result in internal discipilinary action; or contact the ACLU or the NAACP, as both organizations track these sorts of stops and may file a class action suit if enough complaints establish a systematic policy by this law enforcement agency which regularly violates citizens' constitutional rights.

James L. Arrasmith · Answer

Based on your situation, the previous search and marijuana finding could influence the officer's decision to search your vehicle again. However, probable cause typically requires current reasons to believe a crime is happening or evidence is present. The fact that marijuana was found before it became legal might complicate matters, but it doesn't automatically justify another search. 
 
Your suspended registration and license could also play a role in the officer's assessment. If there's a reasonable belief that other illegal items might be in the vehicle, it might provide additional grounds for the search. However, each stop and search must be evaluated based on its own circumstances and the laws in your area. 
 
It's important to consult with a legal professional who can review all the details of your case. They can provide guidance tailored to your specific situation and help you understand your rights and options moving forward.

Q: Is it probable cause to search car due to previous search of car, Marijuana found about a month before it became legal.