Can my case be thrown out?

UPDATED: Sep 30, 2022

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Can my case be thrown out?

a friend and i got pulled over because she did not have her seat belt on, she was
driving, i was the passenger. she did not give consent to search the vehicle but
the police had us both step out and searched me. they found small amount
cannabis, and paraphanelia. they charged me with this but she was never cited for
her seat belt which is the reason we were pulled over. so did they not have
probable cause?

Asked on July 19, 2017 under Criminal Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Probable cause refers to whether they had reason to pull over and search at the time they pulled over; whether or not the authorites choose to charge your friend later had no bearing on whether they had probable cause at the time. So while you can attempt to challenge on this basis, the mere fact that your friend was not charged for the seatbelt does not by itself mean there was no probable cause.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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