Illegal Search And Charges
Summary
Police can search a vehicle without a warrant if they have probable cause. Possession of drug paraphernalia is prohibited under ohio law, but the intended use of items like nectar straws can be arguable. Consult a criminal defense attorney to evaluate the legality of the search and your charges.Full Conversation
I was pulled over in Kettering Ohio for illegal use of plates and I was under suspension.. The cop asked to search my pocket bc he could see a baggie sticking out the top of my pants pocket and I told him I do not consent to searches. He immediately starts searching every inch of the car starting in the trunk all my bags wallets everything in it. He found a clean nectar straw for dab use in the trunk in one of my bags. He said it was drug paraphernalia and put me under arrest and searched my pocket and pulled out a baggie of laffy taffy trash and sour candy residue inside. I'm being charged with drug paraphernalia and they are calling it a crack pipe
Police searches and arrests can raise several legal issues. Here's some general information to consider:
- Search and Consent: If you did not consent to the search, the officer may need probable cause or a legal exception to proceed with the search. The visible baggie in your pocket might be argued as probable cause.
- Vehicle Searches: Officers can search a car without a warrant if they have probable cause to believe it contains evidence of a crime.
- Drug Paraphernalia: Ohio law prohibits possession of drug paraphernalia, but items like nectar straws may be arguable depending on their intended use and residue found.
- Legal Representation: You may want to consult a criminal defense attorney to examine the circumstances of the search, your charges, and possible defenses.
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