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Did the cop have a right to search my car?

Chesapeake, VA |

my boyfriend and his friends were on the side of one of his friends house drinking and joking around. I'm guessing someone from the neighborhood called the cops on them. They pulled up behind us, I was sitting in my car minding my business and the cop walks past my car and says he smelled weed. He checks everyone's IDs and then asks me to search my car. I say no because he wasn't even out there for me but he said he smelled it so it's probable cause. He asked if I had anything in the car and I confessed that I knew a friend left some in my car but I feel like he did not have grounds to investigate anything because even though he smelled weed we were outside so it could have came from anywhere, not necessarily from my car. Would I be able to use that as a defense to get my case dismissed

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Attorney answers 4

Best Answer

You just confesssed in writing, in a public forum the authorities could access, to having the drugs in your car. In addition you confessed to the officer the presence of the weed in your car. Your position is not strong---hire a criminal defense attorney IMMEDIATELY.

NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this matter.


Probable cause likely will be upheld


That defense would not be the wisest. Searches of vehicles on the basis of smell is enough for a finding of probable cause. Coupled with your confession, the chances are very low that that defense would work.


I agree with my colleagues. You need to get a good criminal defense attorney to help you fight this case.

Good luck.

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