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Ask TexCrimLawyer, J.D. Your Own Question

TexCrimLawyer, J.D.
TexCrimLawyer, J.D., Lawyer
Category: Criminal Law
Satisfied Customers: 3615
Experience:  Experienced in state and federal criminal litigation.
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should i plead not guilty for posession of marijuana, when

Customer Question

should i plead not guilty for posession of marijuana, <p>On Monday at 12:30 am , Deputy Andrade saw me on my phone outside of an apartment addressXXXXX I was on my cell phone trying to reach my friend that had ran into his aprtment to tell his wife of his location, as I was flashed by deputy Andrades light he asked me what I was doing and I stated that I was waiting for my friend. I was on the sidewalk He continued to ask me several questions like: where do you live? Wheres your car? Are you on parole or probation? Come here!? . I Approached the cruiser and he forced my hands behind my back and began to thoroughly search me. He did not find any substance or anything illegal. In my possession.I had my car keyes in my pocket which he took out and observed it , it has lexus emblem on it. He then put me in back of the police car and told me to stay put. He asked what kind of car I had and I said a lexus, he asked where it was and I stated at home to prevent him from searching which I knew was inevitable. He ran my plates on my car which was the closest lexus around, and found it to be mine. He asked also if I had anything illegal in the car .I was honest to the Deputy and told him that there were two bags of marijuana in the car, but were not mine they were my friends. He continued to ask what else I had in the car, and if there was anymore in the car I said no. he said I was lying and that I was a "liar". He then began to search the car thoroughly. He came back into the cruiser and ran my name and then began to ask me why I smelled like weed. I had no answer to that because I was confused I did not have any marijuana on me. He waited for another deputy to arrive and then went to the back and opened the door and told me to lift my shirt and remove my sweater, which he had already done and a bag appeared on the floor of the cruiser where I was sitting. I believe the deputy tossed it on the ground and framed me with possesion. I did not have it in my possession. It was in my vehicle which I had stated it was but it wasn't mine. </p>
Submitted: 3 years ago.
Category: Criminal Law
Expert:  TexCrimLawyer, J.D. replied 3 years ago.
You should hire an attorney and file a motion to suppress the evidence. In order for the officer to start questioning you, he needs to have a reasonable suspicion that you are doing something illegal. Of course, if you did smell like marijuana, that may be enough. His search of the vehicle is also illegal unless you gave him consent to search. Since this wasn't a traffic stop, if he had probably cause to search your vehicle (which he did because you told him there was marijuana in the car), he should have gotten a search warrant. I think you should challenge the search before you plead guilty. The fact that marijuana wasn't yours doesn't matter. It was in your vehicle, and you knew it was there.

I hope that helps. If so, please click the "Accept" button. Good luck!

Edited by TexCrimLawyer, J.D. on 8/2/2010 at 12:29 PM EST

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