Legal Topics

Criminal law — Possession of controlled substances and paraphernalia — Driving under influence

Apr 30th, 2024 in by admin

Criminal law — Possession of controlled substances and paraphernalia — Driving under influence — Evidence — Statements of defendant — Search and seizure — Vehicle — Accident report privilege does not apply to statements to officer who did not conduct crash investigation — Defendant’s pre-Miranda statements are admissible where she was not in custody or subject to any restraint at time she made statements — Officer had probable cause to search vehicle console after defendant admitted to having cannabis in console — Officer had probable cause to search entire vehicle where, upon opening car door to search console, officer smelled odor of cannabis in vehicle that was not confined solely to console — Motion to suppress is denied