Drug Possession: Are Police Allowed to Search Your Car When You Aren’t Around?
Question by Lindsey: are police allowed to search your car when you aren’t around?
i was riding with my friend in his car and we went swimming, when we came back there had apparently been marijuana stems in his floorboard he claimed it as his and they searched my bag and found nothing, but still charged me for possession. I live in Alabama, should I be charged? I haven’t smoked or done any drugs and my screening will show that I’m clean. What should I do?
Best answer:
Answer by Cloud
Yes, when you get your license you sign for it, which is actually signing a contract to let the cops check you or your car at any time. So its legal and you can make a deal with the police to turn in your friend and probably only get a warning or probation. Since your clean you can’t get charged with use of narcotics. So most likely a warning or probation will follow.
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In YOUR state it’s called “constructive possession.”
You don’t mention the state this occurred in, however, it really doesn’t matter. There was no mention of a K9 yet with stems on the floor of the vehicle, that can be seen invokes two rules…the “Plain View” Doctrine and “exigent circumstances.”
Vehicles fall under “exigent circumstances” therefore with probable cause the officer can conduct a warrantless search on the vehicle.
The fact that you were riding with stems all over the vehicle…the officer is within the law to charge both you and your friend.
My suggestion is that you appear in court and plead not guilty and request to take a drug test to prove you had nothing to do with the marijuana in your friends car.