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tan001 · Jul 10, 2007, 05:38 PM

My friend is on unsupervised probation, he was pulled over for a break light. He had his licenses and registration and insurance. The passenger in the car had a open container and the officer searched the car. The glove department had crack cocaine in it. It was the passenger but he got locked up not the passenger. WHY? Did the officer have the right search the car because of the open container? Well he get in trouble for being on unsupervised probation because of the drugs in the car.

Fr_Chuck · Jul 10, 2007, 06:20 PM

Well here in TN a open container is not illegal ( believe it or not) so here it would not be a criminal act and would not give them grounds to search the car.

But in almost anywhere else, it is illegal, and everyone within reach of that open container can now be under arrest, a crime is in process, the open container sitting there. So yes they may not search the car.

And yes of course he can be in serious trouble, depending on what the original charge is it may be more seroius. If the original charge was drug related.

So at best he is with known drug users, at worst he will be found in possession of the drugs.

So he can have his probation revolked, or do jail time on the possession even.

excon · Jul 11, 2007, 05:22 AM

Originally Posted by tan001

Did the officer have the right search the car because of the open container? Well he get in trouble for being on unsupervised probation because of the drugs in the car.

Hello tan:

There have been lots and lots of lawbooks written on the very subject you bring up. Therefore, there's no absolute answer, and it depends on lots and lots of things. Much of what it depends on is the quality of your/his lawyer.

Will he get into trouble?? Yuppers.

excon