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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 24502
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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My son car was impounded because they smell . He didn't

Customer Question

My son car was impounded because they smell weed. He didn't have any and was stopped because his front plates were not on. It was in the trunk because we just picked up the car from the insurance compsny for repairs. He forgot to put it on. I'm feeling that every police is angry because of what happened in other cities
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.
Hello,
My name is ***** ***** I am an experienced criminal lawyer.
In order to stop a car in the first place, police need only an articulable suspicion -- something less than probable cause but more than a hunch. In this particular case, driving a car without its front plates would give the police a legitimate reason to stop the car.
From there, an officer can ask the passenger to show his or her ID, make him or her exit the vehicle and pat him/her down for his safety. This has all been true since the US Supreme Court decided Terry v. Ohio in the late 60's.
If in the course of all of this the officer develops probable cause -- a reasonable belief that a crime may have been committed and that your son may have committed it -- he can do a limited search of the vehicle, seize what is in plain view, for example. To do a full search of the vehicle, however, he needs a warrant or an exception to the warrant requirement.
Was your son arrested or cited for a criminal offense? You have not said. In what US state did this occur? What is the question that you want to ask about this situation?
With further information I will finish my answer. I cannot tell if the impound was lawful without hearing more from you, but the stop itself looks proper.