Plain View Observation is Not Probable Cause to Search

Do police have the right to search your car without a warrant if they see THC edibles in your center console during a traffic stop?

The answer may surprise you.

Suspected contraband in plain view does not necessarily provide probable cause to search the passenger compartment.  Sure, the observation alone might provide PC under the right circumstances, but it’s still the State’s burden to prove it.

The drug defense attorneys at GRL Law believe PC requires more that just a plain view observation.

Like furtive movements or efforts to conceal.  Or uncooperative behavior or false identification by the driver or passengers.

Maybe the overpowering odor of burnt or raw cannabis.  Evidence of drug impairment, too.

Perhaps a significant prior criminal history of drug convictions.  And a positive field test of suspected contraband.

Just to name a few.

If you are charged with a possession offense arising from a plain view seizure, then contact the drug defense attorneys at GRL Law.

We will fight the State to suppress this evidence.