Legal Question in Constitutional Law in Virginia

I was pulled over by an officer for a tail light out who pulled me over a month ago for a different tail light that was out of all things. Both times I had an unopened case of beer (both times he was sitting across from the gas station I bought the beer) and was asked to step out of the vehicle. Both times I was asked how much I had to drink, the answer both times was zero. Both times once he learned I had a concealed hand gun permit (after I had already exited the vehicle) he asked if I "had a problem" with him searching my vehicle. I answered no the first time, this time I said he could not without probable cause or a warrant politely. He said he believed he did have probable cause and asked if I "were arrested for driving under the influence of marijuana would I pass a test at the hospital"? I am in the military, I do not smoke. He looked in the windows and then afterwards search me myself and then immediately let me go. I understand officer safety, but if it was for his safety to check, shouldn't he of searched me first prior to turning his back to me and going around the car? Would this be an unwarranted search? He did not search my vehicle so apparently he did not have probable cause and only afterwards did he search me. He specifically said to turn around he "was going to search" this instance a violation of my 4th Amendment right?

Asked on 3/10/14, 11:45 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

So, what are your provable damages arising out of this incident?

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Answered on 3/11/14, 7:38 am

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