Alcohol & Drugs: MIP, MIC, Intoxication caught with marijuana after speeding

[fozzy325]

I was caught speeding and my license came up suspended, and there was no proof of insurance in the vehicle. My friend who was with me had a drivers license though. The police impounded my car and after doing so searched it and found a bag of marijuana and paraphanelia under the passenger seat well hidden out of view. Is it legal to search the car anywhere else but in plain view without a warrant? Since the car wasn't impounded for anything to do with drugs. Can i be charged with these offenses?

 

[Lost]

If the arrest was based on probable cause (and it sounds like it was) then the car can be impounded and when impounded it is subjected to an inventory search in which they can search the passenger compartment among other things. I believe they could even search the passenger compartment subject to arrest under the bright line rule established in New York v. Belton.

In short I'd say that they got the goods legally..

Of course I'm no lawyer.. heck I'm not even in law school yet.. this is just my take on things as a novice. Perhaps one of the resident wizards could chime in.

Better still, talk to your counsel and get his/her take on things.