Drug Crimes, Substance Abuse possession charge; help?

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kennedylane

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So my bf turned 18 in january & got off of DJS, he had a clean record until like a month ago, he went to drop of his buddy at 2 in the morning, ended up not having his headlights on on his way back home. The cop pulled him over & asked to search the car, he gave him permission to not thinking anything was in there. The cop ended up finding a baggie containing meth under 1/2 a gram underneath the drivers seat. He got put in jail, bonded out for 500..he doesn't have his liscence & all he got charged for that night was the meth. There wasn't any probable cause? The car isn't in his name, it's in his moms also. Online when they booked him in, it said "possession of ampethamine" although methamphetamine & amphetamine are still the same charge, would it be able to be dismissed or something because they screwed up? The baggie didn't belong to him, if he would've known it was in there, he sure as hell wouldn't have let the officer search the car. He has so many different people in & out of his car on a daily basis that it could be anyones, but he peed dirty for meth when he got booked in because a couple nights before that he tried it for the first time. He's looking at a class c felony, he's stressed out..is there any loop holes or anything to fix this?
Unlawful search & seizure? plus it wasn't in his possession physically it was under the seat..any adivce?
 
I'm sorry, but no probable cause? Driving without headlights in the middle of the night = probably cause for a stop. He then gave permission for a search. Then he dropped dirty. Come on now - you know better!

Here's my advice.

Dump him. FAST. He's 18 and he's already in trouble? Do you think that's going to change? Dump him before you end up pregnant and back here asking how to get child support from a jailbird.

As for him, tell him to shut his mouth and speak ONLY to his attorney about this.
 
I don't see unlawful search & seizure either. (permission given) The officer certainly had probable cause to pull him over.

As the other responder noted, he needs a lawyer.
 
...but he peed dirty for meth when he got booked in because a couple nights before that he tried it for the first time.

Don't fall for his lies. This guy will suck the life out of you.
The meth was his. Tweakers don't lose or misplace their dope. He knew it was under the seat and likely put it there when he got stopped. He was foolish to allow the officer to search, but since he was unlicensed it probably didn't matter. The officer likely didn't need consent if he really wanted to search the car.
Don't fall for the "first time" bit either. Tweakers all tell the same stories when they get busted. Do yourself a favor and move on. He is lying to you and you are wasting your time.
No loopholes here. No illegal search. He's busted.
 
If you give the police PERMISSION to search and they discover ANY contraband, there's nothing illegal or unwarranted about that. In fact, that fine law enforcement officer did the right thing, he sought a consent to search, that the Tweaker said, "Go ahead, I ain't dirty!"
 
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