concerning louisiana law on possession of marijuana, around 1 gram, as well as drug paraphernalia.
a couple of days ago, two of my friends, age 17(driver) and 16 were driving around on a fairly large street at 3:00 AM in the morning. they stopped in the middle of the road (no other cars around at all) but a cop saw them and decided to tail them. they turned off the street and as they turned off, the cop followed them and pulled them over. the cop asked the driver to step out, along with his license and questioned why they had stopped in the middle of the street. the driver answered basically, just because. the cop asked the 16 year old passenger to step out of the vehicle, and informed the passenger that she was breaking curfew (11PM). he then proceeded to ask if he could search the vehicle, and after being granted consent, found a gram of marijuana in a pipe. he let the 16 year old off without any charge after informing the parents and the 17 year old is facing charges of drug paraphernalia possession and possession of marijuana.
i have two questions to ask. first, i realise that consent was granted to the police officer to search the car, but did he have probable cause to search it? stopping in the middle of the street at 3AM in the morning probably warrants a breathalyser test, but in this situation, the cop just searched the car.
secondly, is it possible that the 16 year old be let off without any charges if she was indeed in the vehicle where the drugs were found as well as breaking curfew? can any charges be added once the 17 year old goes to court for the hearing? also, must she be present to testify or be involved in the hearing in any way?
and thirdly, what is the 17 year old facing in terms of fines or any other punishments?
both of these two passengers are outstanding students with no record whatsoever if that gives them any benefit at all.
thank you in advance...