Did the Cops Have Probable Cause to Arrest Sebastian Bach for Possession of Marijuana?
For the second time in 6 months, former Skid Row front-man Sebastian Bach was arrested for possession of marijuana and drug paraphernalia. This week’s arrest took place after Bach was pulled over for “failing to keep right” on a highway in New Jersey about 3:30am Tuesday morning. What’s interesting is that he wasn’t charged with driving under the influence of marijuana, he was charged with possession of marijuana and paraphernalia. This begs the question – how did the cops find the weed? Did they have probable cause to do so?
If Bach was arrested for driving under the influence of marijuana…which could explain the traffic violation…the cops would be entitled to search his car incident to a lawful arrest. This would provide an exception to the rule that the officers would otherwise need probable cause to search the car.
Yet he wasn’t charged with DUI – so how did the cops find the pot and paraphernalia? Were they in plain view? Did the officer see it simply by looking in the car? Did Bach admit it was in the car? Did the officer ask Bach to step out of the car so he/she could search the car?
Without more information, it’s difficult to guess how this played out. But if it turns out that the officer didn’t have the probable cause necessary to search the car…and the drugs/paraphernalia weren’t plainly visible or discovered with Bach’s consent…they would be properly excluded from evidence in the case. As a result, Bach would likely escape the charges.
