illegal search?

i live in maryland and was stopped for speeding. when the officer ran my liscence (sp?) it came back it was suspended/revoked for failure to pay fines. this problem was taken care of atleast a month before and i had a new liscence in my possesion. the officer then arrested me and said he was going to search my car. when he did he found empty vials of herion in a box and a bowl in the glove box. the bowl was mine but the other was left in my car from someone else. my question is, was this a legal search and can the drug charges be thrown out because mva failed to enter a clear liscence in their computer?

Yes it is a legal search. It is called search incident to arrest.
New York v. Belton
Carroll v. United States
United States v. Ross
United States v. Robinson
Chimel v. California

And no, it will not be thrown out because the DMV didn't update your record, because the officer acted in good faith
See Good Faith exception of the exclusionary rule.


[Edited by bird1 on 04-21-2001 at 07:09 AM]