Drug Crimes Case Study
Whether the search of the defendant's vehicle was lawful under the automobile exception to the Fourth Amendment's warrant requirement.
The court suppressed the drug evidence, finding that the officer lacked probable cause to search the vehicle. The court held that the smell of marijuana alone, without additional corroborating evidence, was insufficient to establish probable cause for a vehicle search under the circumstances.
The automobile exception to the warrant requirement requires probable cause — not mere suspicion. This case illustrates that courts will scrutinize the basis for a vehicle search in drug cases. D.J. Rivera files suppression motions in every drug case where the search may have been unlawful, and the exclusion of drug evidence frequently results in dismissal of the charges.
This case involves § 18.2-250 of the Virginia Code. For a full analysis of how this statute applies to your case, consult with D.J. Rivera.
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