If illegal items were found in my vehicle because my boyfriend was pulled over and gave consent to search, does the exclusionary rule apply?
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If illegal items were found in my vehicle because my boyfriend was pulled over and gave consent to search, does the exclusionary rule apply?
My boyfriend was pulled over because “my truck describes the same vehicle fleeing the scene of a fight” although it was not the truck they were looking for. Either way, they asked if they could search the vehicle. He consented to search. They found a case carrying marijuana paraphenilia. No ticket was written, no arrest was made. The only document was a paper stating that the sheriff’s department seized it as evidence. Then 2 days later, sheriff’s arrived at my work, questioned the items, I admitted they were mine, I didn’t get arrested or sign documents. Can I get in trouble? Is there a way around this?
Asked on April 2, 2012 under Criminal Law, California
Answers:
Hong Shen / Roberts Law Group
Answered 12 years ago | Contributor
It's been established by the Supreme Court that once the police has probable cause to the search the car they could search passenger belongings as well. You should consult a defense attorney in your area immediately.
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