My car was impounded and it had a dab pen in it. Will my car be searched?

So this happened on the 4th. Parked in a no parking spot, came back 45 minutes later the car was gone. Knocked on a stranger's door across from where I parked, said a towing company picked it up, but there were no police. Will it be searched and if they find it in my center console am I screwed? I live in Buffalo NY.

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  • 1 month ago

    Chances are low for a search, but it is possible.  A smoking device is not a dab pen unless it contains marijuana.  If it contains a CBD cartridge or a nicotine cartridge, it's legal in all 50 states if the person in possession is at least 18. However, if there is marijuana, it is now drug paraphernalia.

    Contrary to what was said by someone, New York HAS NOT passed legislation to legalize recreational marijuana. It is still being discussed.  So the main issue here is whether or not the device is visible from the outside.  If it is not, there is no justification for requesting a search warrant. If it is, then the possibility exists that the device may be considered a piece of paraphernalia.  It would require a search warrant based on probable cause, and that warrant would probably be denied because there's a 2 in 3 chance of the device NOT containing an illegal substance. Still, a slim chance does exist for there to be a warrant issued.

    Now, if it was a bag of weed or a couple of joints, and it was visible from the outside, no warrant would be needed, under the 'open view' principle relating to the 4th Amendment.  Those items could be seized.

  • Anonymous
    1 month ago

    New York legalized recreational use of marijuana thus if discovered or not, you are not screwed ... unless you are a minor.

  • 1 month ago

    No it will not be searched.

  • 1 month ago

    They can't legally search without a warrant or reasonable cause.

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  • Bob
    Lv 7
    1 month ago

    There's no reason for them to search it, no probable cause. Nothing to worry about. 

  • 1 month ago

    It won't be searched.  Cops can't search it without some reason to believe there's something illegal inside, and just being parked in the wrong place doesn't do that.

    Someone at the lot might go through it if it's unlocked.  There might be someone there who searches cars for the odd valuable left behind.  But if he finds a dab pen he's not going to say anything about it.

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