Legal Question in Appeals and Writs in California

Re: Drug Charges

The short answer is: from what you're describing, the search appears valid.... with a "but . . ." explanation.

If the initial probable cause is valid (or they had valid consent) to search for alcohol, they could search anywhere alcohol could be located. They could search in the passenger compartment, under seats, in the glove box, center console, etc. It would be hard for them to justify searching in the ashtray or other places where it was not reasonable to find alcohol.

As long as they were searching in a place they had a reasonable likelihood of finding what they were looking for, anything other contraband (such as the marijuana) the came across would be in their "plain view" and they could seize it. Plain view isn't necessarily open and visible - it's whatever the officers could see from a place they had a lawful right to be. In your case, if they had a lawful right to be looking in the car, their plain view goes with them. If they exceeded the scope of the search or the scope of your consent, then the plain view exception doesn't apply and the search is invalid.

And here's the bottom line... Depending on what jurisdiction your case is in, there is more than likely a way to get this off your record. If you just pay the fine, it's a drug conviction on your record.

Let me know if I can help further.

Re: Drug Charges

Nice try. Of course it can 'hold up', as long as it is otherwise a provable case and they can show the contraband was found in a legal search. Your focus should be on the details of the search, and on the confessions your each made. If this is in SoCal, and you get serious about hiring counsel, feel free to contact me.

Re: Drug Charges

Probable cause only has to relate to the search, not to the charges that result from it. Anything that the police find during a properly-authorized and properly-conducted search is fair game, even if it is unrelated to the suspicions that led to the search.

If the police had unexpectedly found a dead body in the car, the D.A. could pursue homicide charges against you. That the police had no reason to expect such a discovery wouldn't matter. The same is true of the unexpected marijuana.

Mr. Nelson is right that the search might have been conducted improperly. Nothing you have written suggests that it was, but the possibility remains.

By the way, it was extremely unwise for you and your friend to tell the police the drugs were yours. Those statements are going to be used against you later.

Re: Drug Charges

MJ tickets are lots of fun to fight - you have nothing to lose except maybe $250 - but let's face it, it's not economical to fight it. Unless you have a pre-existing medical recommendation in which case show it to the DA.