Full question:
I was stopped last night by one of our small town cops and was searched. They found a bag of marijuana, a pipe, and one vicoden in my purse that was my 80 year old mothers from when we went somewhere and she didn't take one of them. I am going to mayors court; should I get an attorney? By the way, I had not been in that car in weeks. It had been parked unlocked because I was having major problems with it. I was on my way to take it to a garage to be worked on when they found everything in my car.
- Category: Criminal
- Subcategory: Search and Seizure
- Date:
- State: Ohio
Answer:
It is advisable to have an attorney represent you when facing criminal charges, as the potential consequences can be serious and may affect your rights. Police can stop vehicles if they have reasonable suspicion of a traffic violation. They may search a vehicle without a warrant if they have probable cause to believe it contains contraband or evidence. This includes searches of the vehicle's interior and glove compartment, but not the trunk unless there is probable cause.
During a lawful arrest, police can search the person and the area immediately around them. If a vehicle is impounded, its contents can be inventoried without a warrant. Investigatory stops based on reasonable suspicion are allowed under Terry v. Ohio. Factors that may justify a search include the reason for the stop, the behavior of the driver, and the time of day.
For a search to be valid, consent must be given voluntarily and without coercion. If you are unsure about your situation, consulting with an attorney can help you understand your rights and options.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.