Arrest, Search, Seizure, Warrant Illegal Search..? HELP!!

[kellsNshane]

Here's my story...

My boyfriend was driving...i was riding in the passenger seat...and his friend was riding in the back of the car. The cops pull us over because my boyfriend 'failed to yield to oncoming traffic' the cop gets out, asks for liscence and registration, asks if he knows why hes been stopped...he says no. the cop explains he failed to yield and then immediatly following his statement asks who had been drinking. before anyone could answer he shines the light in the back seat and asks if he was drinking. he replied no sir and the cop asked where the pot was and asked the back seat passenger to step out of the car. he proceeded to cuff him. asked my boyfriend (the driver) to step out of the car and cuffs him. I was asked to step out of the car also. The cop starts searching the car, and didnt even know the car belonged to me. I told the officer after he started searching. He ended up finding marijuana and alchol. we all got charged with possession of marijuana and walked. no traffic violation was given, or alchol possession. does this seem right..? I am not aware of the search and seizure law but i thought i had to at least be asked. and im not even sure what the probable cause was...legal advice anyone??? please???

 

[charlesesq]

My understanding is that the officer has a right to "search" for whatever is in plain view without reason. Beyond that he must have some reasonable cause. I'm not sure that your boyfriend's alleged failure to yield oncoming traffic provided reasoanble cause. It would seem that without the presence of reasonable cause, the search could be considered illegal. I'm not a criminal lawyer per se but did well in criminal law many, many years ago in law school! I hope it turns out well for you and let us know what happens.

Here's my story...

My boyfriend was driving...i was riding in the passenger seat...and his friend was riding in the back of the car. The cops pull us over because my boyfriend 'failed to yield to oncoming traffic' the cop gets out, asks for liscence and registration, asks if he knows why hes been stopped...he says no. the cop explains he failed to yield and then immediatly following his statement asks who had been drinking. before anyone could answer he shines the light in the back seat and asks if he was drinking. he replied no sir and the cop asked where the pot was and asked the back seat passenger to step out of the car. he proceeded to cuff him. asked my boyfriend (the driver) to step out of the car and cuffs him. I was asked to step out of the car also. The cop starts searching the car, and didnt even know the car belonged to me. I told the officer after he started searching. He ended up finding marijuana and alchol. we all got charged with possession of marijuana and walked. no traffic violation was given, or alchol possession. does this seem right..? I am not aware of the search and seizure law but i thought i had to at least be asked. and im not even sure what the probable cause was...legal advice anyone??? please???