Legal Question in Traffic Law in Kentucky

Hello, my step-daughter who's only 16 got pulled over in her vehicle while we were out of town, we live in KY. SHe had a friend with her who's only 15 and had a pipe in the truck with her. Though they towed the truck and and haven't searched it yet to my knowledge. Can they search it w/o a warrant since it's been towed? Will she get paraphernalia charges? She also only had a permit, no insurance, or registration. Plus they were out past curfew! What charges may she face?! What about her friend? Or me?

Asked on 8/13/11, 9:29 pm

1 Answer from Attorneys

Andrea Welker Welker Law Office

A recent Supreme Court decision says no, they cannot search the vehicle subsequent to a traffic stop that results in an arrest, except under certain circumstances. They would need a search warrant and for that, they would need probable cause to get a warrant.

They could charge her with driving without a license, with no insurance, and for violating a local curfew ordinance (if there is one). She'll get some steep fines and maybe some probation time. And she probably won't be getting her license any time soon. Or they might let her off with diversion. That's up to the county attorney.

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Answered on 8/22/11, 11:50 am

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