Illegal search of purse by the cops, no real probable cause?

Question

Was it legal for a New Hampshire police officer to search my purse that was just laying on the bed without my permission? They had found marijuana and paraphernalia on a table beforehand but he had just asked me if the purse was mine, no asking for any sort of consent search from me first, it was open and laying on a bed and proceeded to go through it and in the little pocket inside he found a butterfly knife (which is legal in NH) wrapped in bubble wrap and then at the bottom underneath that two ecstasy pills i could get screwed for in this case.

I know it's legal for them to search only if something's visible, they have a warrant, or i give them consent in this case. But I was wondering if there's any way that was legal.

Answer 1

Probable Cause.  You stated the officers already found illegal substances, which means that you could be arrest.  Search incident to arrest.

But, even before that, the purse could be searched for weapons for officer safety.  To prove the point, you had a knife in the purse!

Answer 2

yea its legal. cause after finding the weed on the table he had reason to believe that u might have more drugs stashed in ur purse, which u did.

Answer 3

Sounds like he had plenty of probable cause to reasonable expect that there might be more drugs in your purse.

Answer 4

Here it is quick.

The pot was found legally? If so, that puts everyone in the room under arrest for possession at that time, even if they were not necessarily handcuffed.  Now everyone is legal to be searched incident to arrest, so long as it's contemporaneous with the arrest, which it seems like in your story.  Search incident to arrest means anything in arms reach.  An open purse within 10 or so feet would be legit there.

Just go with your lawyer and let them worry about it.  You won't get any answers here that he won't already know about.

Answer 5

Finding pot in your resident gives them probable cause.  You most likely were detained at that time.

Answer 6

The drugs on the table gave them probable cause and a reason to arrest you.

We don't HAVE to give you any proof, lol, we're not the ones in trouble YOU ARE. but here you go.

http://findarticles.com/p/articles/mi_m2...

Answer 7

Cops can do whatever they want.

Answer 8

If the officer smelled pot or something, then he has probable cause. You were stupid enough to hide pot in your purse so either way you lose.

Answer 9

You had pot in plain view which immediately gave him probable cause to search everything within reach because you were going to jail right then.  He didn't need consent and if you would have said the purse wasn't yours, then it would have been abandoned and searched anyway.  

Short answer, hope it's your first time.  If it's not, you're going to spend time in jail.  Maybe this will make you grow up and realize that little high you get isn't worth doing time.

Answer 10

once he saw the drugs on the table he could search for drugs in other places

Answer 11

He did have probable cause.  You were stupid enough to be doing pot, leaving the paraphernalia on the table for him to see.  He doesn't have to ask in this case.  So yes, it was perfectly legal.

My advice is for you to quit doing childish nonsense.  You will get nowhere in life being a pothead.

Answer 12

I gotta agree with Panny or whatever her name is, cops can do whatever they want.

But legally, cops have to ask permission to search anything (or get a warrant), even your pant pockets, unless they have probable cause.

Answer 13

You have real problems, the visible drugs gave the officer reasonable cause to search for weapons and other drugs.  You need to start thinking about how quick you can get a public defender, unless you have the money to pay a defense lawyer. You may be able to strike a deal, if you can hand them a major dealer on a silver platter.

Hope you had fun, because it pay up time now.