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JB Umphrey
JB Umphrey, Lawyer
Category: Criminal Law
Satisfied Customers: 20233
Experience:  Handling criminal and probation matters for over 14 years.
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my son was issued an city ordinace ticket for posesion of maijuna.

Resolved Question:

my son was issued an city ordinace ticket for posesion of maijuna. the amount they recovered was oonly enough to test and no more. It was what they said was (shake) it was found on the passenger side of his car. on the floor next to the door. can we fight this?
Submitted: 7 years ago.
Category: Criminal Law
Expert:  JB Umphrey replied 7 years ago.

Thank you for using JustAnswer!

 

On what basis do you want to fight the ticket?

Customer: replied 7 years ago.
it wasn't his --- and the amount found was barely dust on the floor--would like it dropped
Expert:  JB Umphrey replied 7 years ago.
Why was your son pulled over?
Customer: replied 7 years ago.
was not pulled over it was a random drug search in the school parking lot.
Expert:  JB Umphrey replied 7 years ago.

Did your son give them consent to search the vehicle?

Customer: replied 7 years ago.

they told him they did not need consent and they would open the car anyways. their (drug dog ) hit on the car?

 

Expert:  JB Umphrey replied 7 years ago.

That's your argument. If their drug dog "hit" on the car, then what they should have done was "secure" the area while they went to a judge for a search warrant to search the car.

 

You/your son should consider hiring an attorney to file a motion to dismiss based upon an illegal search.

 

Good luck and best wishes for better days ahead. I hope that you find this information to be helpful and this answer to be ACCEPTable!

Customer: replied 7 years ago.
do citys have the abilty to ignore the need for a search warrent?
Expert:  JB Umphrey replied 7 years ago.
No. The only possibility is if your son signed a form with the school at the beginning of the school year giving a blanket consent to have his auto searched as condition of the privilege of being able to park on the lot.
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