Drug Crimes, Substance Abuse probable cause

[FutureMrsRedmon]

okay so about a month ago me and my boyfriend where pulled over. We where not speeding but someone had called and said we where a suspicious vehicle because we had drove down a road a couple of times. Well my boyfriend is on probation so I know they had the right to search him. Well they found drugs on him. My question is can he be charged with the drugs? Did they have probable cause to pull us over and get him out and search him?

 

[army judge]

okay so about a month ago me and my boyfriend where pulled over. We where not speeding but someone had called and said we where a suspicious vehicle because we had drove down a road a couple of times. Well my boyfriend is on probation so I know they had the right to search him. Well they found drugs on him. My question is can he be charged with the drugs? Did they have probable cause to pull us over and get him out and search him?

Only a court can determine if the search was legal.

Of course, probationer's have limited rights and appeal.

They are subject to search 24 hours a day, seven days a week.

I suggest you advise him (and you do the same) to keep his mouth shut (you too), plead not guilty, ask for a court appointed attorney, and discuss this case with your respective attorneys.

You can decide if you wish to take the fall for the drugs, but I doubt that will be of much value to him in the long run.

And, it will only get you in some deep poo poo, too!

 

[Proserpina]

I'd also seriously rethink the decision to marry this guy. A probationer found with drugs on him? I can see this ending badly.

 

[disagreeable]

Obviously something was going on. I cannot remember any time in my life I just drove up and down the same road for shits n giggles. You were obviously in on whatever was going on. Being on probation, he can be searched at any time. Sounds like you won't be far behind him.

 

[shrinkmaster]

The report of suspicious vehicle was the probable cause! You might also rethink your choice of "friends" he has clearly not learned his lesson while on probation and is likely looking at some jail time. You could avoid jail yourself by turning on him.

 

[mightymoose]

The report of a suspicious vehicle is not sufficient probable cause for the stop. The officer should have, and may have, witnessed another violation before making the stop. Almost everyone rolls a stop sign these days or goes over the limit line. who knows what the actual reason was for the stop.
The OP is correct though... a simple phone call to the police about a suspicious vehicle does not give the officer reason to stop the car. He needs more. the report is only enough to get him there to check it out and find PC.
The boyfriend's probation status is also not sufficient reason for the stop.
I will bet that the officer's report indicates a different violation for probable cause for the stop. There are tons of reasons to stop a car if you really want to.
The boyfriend's lawyer will get to review the police report and determine if there was good probable cause or not. There is no way for you to know without having access to that report.