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First of all a police officer can search your vehicle anytime if you are pulled over for whatever reason. Your vehicle is not like your home they do not need a search warrant or your permission to search. When you are caught drinking and driving it is pretty likely they will search your vehicle for drugs
OK, not exactly true. In fact, you should NEVER give consent for a search under ANY circumstances. That leaves the burden of proof on the police for the search. They can search the area within "arms reach" for weapons though as part of a traffic stop, but that gets dicey in court. Let me give an example:
You get pulled over for speeding, the cop says he smells pot. He asks to search. You say no. If he searches the car anyway and finds something, it is still up to him to prove in court he had probable cause to search. Now how does he show smell in a courtroom? HE CANNOT unless he finds something still smoking.
-this is a case from a real court where the case was tossed because the cop could not show evidnce of "smell" for the judge.
Either way, the cop searched you and your car, so that's what your lawyer needs to go after.
Most people do not seem too supportive of your situation here (I'm not going to judge you, you have enough problems right now), so if you want so helping advice and kind words, please email or PM me.
And I'm not judging those that are telling you it was \a bad decision, but it is time to move past that, and get helped. Please let me if you need it.
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Re: Busted for possession...please help I'm scared
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