Legal Question in Constitutional Law in New York

Whitestone, NY.

If my 17 year old son, soon to be 18 year old son is driving my car and is stopped by police, police search car and find pot or any other illegal substance hidden in car or on a passengers body can they confiscate my car?

Asked on 12/04/09, 9:37 pm

1 Answer from Attorneys

Locksley Wade Law Office of Locksley O. Wade

Let's assume that the police have probable cause to stop your son's vehicle (traffic infraction) and they have more cause to search your son and the vehicle. It is then that the vehicle may be subject to seizure as an instrument used for the commission of a crime. The vehicle is not subject to seizure if the contraband is found on the passenger and your son takes no position with respect to what is found on the passenger.

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Answered on 12/10/09, 6:16 am

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