Being stopped by the police is always intimidating. However, if you have drug paraphernalia in your car, you have even more cause for worry. In Florida, if this happens, you should know what to expect.
Can Police Search Your Vehicle?
Technically, after a police officer pulls you over, they can only perform a search of your vehicle if you give consent or if they have a search warrant. However, there are exceptions to that. For example, if the paraphernalia is in plain sight or if the officer detects the odor of marijuana, they can conduct a search of your car. These situations are considered reasonable suspicion or probable cause.
However, if the officer has no cause for reasonable suspicion and searches your vehicle without a warrant or your consent, they are breaking the law and violating your Fourth Amendment rights against unlawful search and seizure.
What Can Happen if Paraphernalia is Found in Your Vehicle?
If a police officer finds that you are in possession of paraphernalia after seeing it in your vehicle after a traffic stop, you can be arrested on drug paraphernalia charges. Even if no actual drugs are uncovered, it’s still possible to face these charges. Per Florida’s law, a conviction of possession of drug paraphernalia is a misdemeanor in the first degree. Penalties for such a conviction may include up to one year in jail or probation as well as a maximum fine of $1,000.
It’s also common for individuals convicted of possession of drug paraphernalia to be ordered into treatment instead of facing traditional penalties as those mentioned above. Sometimes, the court will dismiss the charges against the person if they successfully complete an addiction treatment program.
Some people could face charges for distributing drugs if they are found with paraphernalia in their vehicle. This might equate to the offense of possession per se, which is a federal offense. If a person is found to be guilty of distributing to a minor, they could face felony charges, which are much more serious than a misdemeanor.
What’s Considered Paraphernalia?
There are many items that can be considered drug paraphernalia. This may include the following:
• Pipes made of various materials • Bongs • Roach clips • Miniature spoons • Kits used for smoking cocaine • Scales for weighing drugs • Syringes or needles for injecting drugs
There may be various other items that may be considered paraphernalia. For example, if you are found to have multiple plastic baggies set aside, it’s fair to assume that drugs would be placed inside.
If you have been stopped by police in Florida and were discovered as having paraphernalia in your car, it’s important to immediately seek the help of an attorney. Your rights and future may depend on it.
Roy J. Kahn, with years of legal experience in a wide variety of criminal law, heads a “boutique” firm, which means that your attorney is Roy J. Kahn, not a paralegal. If you have been charged or are about to be charged with a crime—or if you have been contacted to be a witness in a federal grand jury case, you need a qualified defense. You should consult with an attorney immediately and know that you have a right to make no statement until you have consulted with an attorney To contact Mr. Kahn, he can be reached at 305-358-7400.
Roy J. Kahn, with years of legal experience in a wide variety of criminal law, heads a “boutique” firm, which means that your attorney is Roy J. Kahn, not a paralegal. If you have been charged or are about to be charged with a crime—or if you have been contacted to be a witness in a federal grand jury case, you need a qualified defense. You should consult with an attorney immediately and know that you have a right to make no statement until you have consulted with an attorney To contact Mr. Kahn, he can be reached at 305-358-7400.
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