Unless you are under arrest, in most cases without your permission, police need a search warrant to find evidence in your car, purse, backpack or residence.

If You're Smart Enough Not to Dive Into Shallow Water, You're Smart Enough to Know When Police Need a Warrant to Search Your Personal Property for Marijuana and Other Drugs

An experienced criminal defense attorney in Virginia picks up a great many stories during the course of a career. Having done this more than a quarter century - and as an FBI agent almost 6 years before that --I could tell a bunch of them. Most would be humorous if the outcome was not so sad.

One thing most people who come to me for help after they've been arrested for marijuana possession, or DUI, or drug possession, is their utter ignorance in knowing that they do not have to give consent to a search if asked by the police to "empty your pockets," "let me search your car if you have nothing to hide," or "do you mind if I come in to have a look around?"

Few people are careless enough to dive head first into a swimming pool at a place where the pool deck has painted in big black letters, "3 FEET DEEP," because they know they risk breaking their neck and be paralyzed for life.

However, many of these same folks will, by giving police officers or federal agents permission to search their clothing, their purses, their backpacks, their cars and their homes, foolishly expose themselves to the risk of arrest if marijuana or drugs is discovered.

Without consent or permission to search - or following a lawful arrest -- unless the police or federal agents are in a place they are lawfully entitled to be -- or have permission to be by the owner - and personally observe evidence of a crime because it is in "plain view" of anyone who might be at that place, they MUST have a search warrant to legally seize the items they want to take.

To speak to me about your federal or state case, call 804-726-4778, or complete the contact form on this page, to schedule a free 15 minute consultation.




Mr. Stelly regularly appears in the courts of the City of Richmond, Henrico County, Chesterfield County, Goochland County, and Hanover County.



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