Can a passenger in a pulled over car be searched?
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Can a passenger in a pulled over car be searched?
My 19 year old son was in a car with his friend who was pulled over because his license plate tail light was out (it wasn’t & the driver is taking it to court). The kids had not been drinking (were smoking cigarettes) and the officer acknowledged that to me. When he searched my son’s pockets he found a baggie with marijuana residue in it (the cop said he could have disposed of it because there wasn’t enough to use) and proceeded to arrest my son for possession. Was this a legal search? The police officer said to me “odds are if you have kids in a car at midnight they’re up to something.”
Asked on May 9, 2009 under Criminal Law, Michigan
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
The question is can a passenger in a pulled over car be searched? Absolutely, for a number of reasons, including for safety of the officer based on reasonable articulable suspicion, for probable cause based on what the officer saw or witnessed.
Officer had every right to search -- sounds like reasonable suspicion. The better question is: are you concerned your 19 year old adult son had marijuana on his person? Maybe deal with this issue before you deal with his possession issue. Don't cover it up, make him own up to his mistake.
However, at the end of the day, your son should hire a criminal defense attorney (he probably has a right to a public defender but better to get a private counsel) to see if he can get the charge dropped (i.e., hope he didn't have any other priors).
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