Is having a prior conviction for drug’s enough for probable cause to search your vehicle if an officer has asked and you said no
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is having a prior conviction for drug’s enough for probable cause to search your vehicle if an officer has asked and you said no
Already have a prior drugs
charge from several years
ago
Asked on July 1, 2018 under Criminal Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
No, a prior drug conviction does NOT provide probable cause. Probable cause is based on evidence of an offense *now*--not whether you violated the law previously. In U.S. law, past offenses are specifically not held against you absent special circumstances, when they can be used for limited purposes at trial (e.g. showing a similarity of technique; showing an ongoing conspiracy), but do not provide the basis for a search. And anyone has a right to refuse a search unless there is a warrant or one of the limited warrantless exceptions--which again, do not include prior convictions--applies.
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 AttorneyPages.com 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.