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LawTalk
LawTalk, Lawyer
Category: Criminal Law
Satisfied Customers: 27235
Experience:  30 years legal experience
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question i got pulled over yesterday for speeding i gave the

Customer Question

question i got pulled over yesterday for speeding i gave the officer my license, which was clean then he came back to the car and told me to step out of the vehicle i asked him why he replied because he said so then motioned towards his holster, upon search of my vehicle he found that i had 8 roaches of weed in the ashtray, is this a legal search and if so what is the charge for something like that officer gave no citation just told me to call the charles county sherriff dept. to pick up a document that will have a court date on it.
Submitted: 4 years ago.
Category: Criminal Law
Expert:  LawTalk replied 4 years ago.
Good morning,

I'm sorry to hear of your dilemma.

He is going to argue that he asked for your permission to search your vehicle and that you gave it to him.

You were under no obligation to allow him to search your vehicle.

If he didn't ask to search, you can challenge the search. Keep in mind that these days most patrol units have cameras and microphones so that circumstances are captured for evidence.

If he could see the roaches from outside the car--that gave him PC to get them from the ash tray.

You will be charged with possession of marijuana. In Maryland the offense carries a penalty of up to a year in jail and a fine of up to $1,000.00.

While jail time is unlikely as this is presumable your first offense, you should at a minimum, consult with a local criminal defense attorney who handles drug cases.

I wish you well.

Best regards,

Doug

Customer: replied 4 years ago.
thankyou for the helf the roaches were not visible tho because the ashtray was closed he told me to get out the care and when i refused i grabbed his holster, do u think i have any case for illeagal search he never asked to search my vehicle
Expert:  LawTalk replied 4 years ago.
Good morning,

You'd better get an attorney if you are going to fight the search. The cop may come off with something like he smelled pot in the car--that would give him the right to search as well.

Best of luck to you.

Best regards,

Doug

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