Legal Question in Criminal Law in Virginia

Traffic Stop involving non-consent search

Recently I was pulled over for having a license plate light out on my car. The officer said my priveledge to drive in virginia was revoked and asked me if he could search my vehicle in which I clearly stated no I do not consent to a search. Two more officers arived and asked me to step out of the car. They then asked me if I had any weopons on me and I replied yes and guided them to my conceiled glock 19 pistol on my side. They took the weopon and asked if they could further search me for any drugs or contraband and I responed no I do not consent to a search of my car or persons for anything else. They then grabbed my left jacket pocket and opened it to reveal under a gram of marijunana and a small pipe with black residue. I stated that they could not charge me with it as it was an illegal search since I didn't consent and the k-9 did not indicate the pressence of narcotics on me or my car and they had no reason to believe that I had any drugs on me,...as the officer indicated to the magistrate at central holding. They also searched my car after that k-9 didn't make even a slight squeek and retrieved a silencer but withheld the charge pending my cooperation with R.U.S.H. narcotics detectives. So was it a lawful search?


Asked on 12/10/07, 7:19 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Traffic Stop involving non-consent search

Your concealed Glock 19 was an arrestable crime(assuming you did not have a valid permit)and once a person

is subject to arrest, law enforcement officers are legally allowed to search the immediate area of the arrestee as an an incident to that arrest, which would include the left jacket pocket of any garment which the arrestee may have been wearing at the time.

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Answered on 12/10/07, 8:02 am


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