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Probable cause for vehicle search?

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maddysmom626

Junior Member
What is the name of your state (only U.S. law)? MS

Is an arrest of a 16 year old for curfew violation probable cause to search the minor's vehicle and purse that is inside the vehicle?
 


quincy

Senior Member
What is the name of your state (only U.S. law)? MS

Is an arrest of a 16 year old for curfew violation probable cause to search the minor's vehicle and purse that is inside the vehicle?
Is it your daughter who was arrested? Did she violate a local curfew ordinance? Was this her first curfew violation?

What was the reason she was stopped by the police?
 

maddysmom626

Junior Member
She was out after curfew. She wasn't stopped by police, she was at a gas station using the rest room and the police pulled in and asked for her ID. They asked to search her car and she said no. They called me and I declined to consent as well. As I was on my way there, they handcuffed her and put her in a police car and searched her vehicle and her purse whixh was in her vehicle and found a small amount of marijuana in her purse. They then took her to the police station and released her to me there, but I wasn't given any paperwork. My daughter says they told her something would come in the mail.
 

maddysmom626

Junior Member
Is it your daughter who was arrested? Did she violate a local curfew ordinance? Was this her first curfew violation?

What was the reason she was stopped by the police?
Sorry, I should have quoted you in my other reply. Yes, it was her first curfew violation and yes, it was a local curfew ordinance.
 

quincy

Senior Member
Sorry, I should have quoted you in my other reply. Yes, it was her first curfew violation and yes, it was a local curfew ordinance.
Thank you for answering my questions.

I briefly looked at a few curfew violation ordinances in your state. It appears that if a police officer has probable cause to believe a person is a minor in violation of curfew, the police officer can stop the person and ask for identification.

If the police officer smelled marijuana when he was at your daughter's car or saw marijuana in the car, that can support a search. The police officer members of this forum can expand on this for you.

With a first curfew violation, an officer generally will contact the minor's parent and have the parent pick the child up or will himself transport the child to his/her home. If a parent cannot be reached, the officer generally takes the child to the police station until a parent is available. First curfew violations generally result in a warning only.

But there seems to be more to the story, and the marijuana that was discovered in your daughter's possession complicates matters.

Here is a link to Mississippi's marijuana laws: http://norml.org/laws/item/mississippi-penalties-2

If you are unsure of the charges, you can wait to see what comes in the mail or you can call the station. Depending on the charge, you might want an attorney for your daughter. The search of the car raises questions best reviewed personally by an attorney in your area.
 
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