QUESTION

Is this probable cause?

Asked on Feb 10th, 2021 on Law Enforcement - Utah
More details to this question:
Yesterday I was pulled over for running a red light. As the cop come to the window I was nervous I gave him my info and he went back into the car when he came back he asked me if there was any drugs, alcohol or weapons in the vehicle i said no. He asked if he can search the vehicle and I said no aswell. I asked him what is the reasoning to searching my car I asked does it smell? He said no it doesn’t. The cop then says you are acting very nervous I think there is something you are hiding and I said I’m just nervous from being pulled over. He then says that he can see specks of marijuana on the floor and that gives him probable cause. So he asked again and I just gave up the paraphernalia I had in there that was in my glove box not in view he took that and some dab in evidence but nothing about the “weed” on the floor which I don’t believe to have seen any and only charged me with paraphernalia because of my cooperation. Is this legal the way he handled the situation?
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1 ANSWER

Criminal Law Attorney serving Salt Lake City, UT at Melton Law
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You have asked this question on multiple forums. You need to contact an attorney and get help if you would like to fight your ticket. It sounds like you likely do not have a defense because you volunteered the paraphernalia. An officer can always ask you and if you choose to "cooperate" that is essentially you waiving your rights. I would be happy to set up a time to do an actual consultation, but as another attorney told you already going around asking the same question over and over isn't going to net you different answers. 
Answered on Feb 15th, 2021 at 12:55 PM

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