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If you are pulled over, and immediatly they ask the driver

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to step out. Then they...
If you are pulled over, and immediatly they ask the driver to step out. Then they call in backups, who pull out the rest of the occupants and then immediatly search the car and find marijuana. If they never asked to search the car, would that be an illegal search and seizure? Would I be able to make a case out of it? Also, we got pulled over for a bullshit reason and the cop was young and didnt seem like he knew what he was doing.
Submitted: 8 years ago.Category: Criminal Law
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Answered in 3 minutes by:
10/2/2009
Criminal Lawyer: LawTalk, Lawyer replied 8 years ago
LawTalk
LawTalk, Lawyer
Category: Criminal Law
Satisfied Customers: 37,855
Experience: 30 years legal experience
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Good morning,

I'm sorry to hear of your dilemma.

It may be an illegal search, it may not. If when you rolled down the window, or opened the car door, if the cop smelled pot, that would have given him probable cause to search the vehicle. If you folks weren't smoking in the car, and there was no odor of pot--and you aren't on probation and subject to search, then the search may have been improper. That would be your defense.

I wish you well.

Best regards,

Doug

 

LawTalk
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Customer reply replied 8 years ago
Yes, well for the most part the weed was in the trunk in a safe can, so there was no way he could of smelled the weed. And we were not smoking in the car and the driver said he hadn't smoked in it for atleast a day. None of us are on probation either. There were 4 of us and only 1 of us had even been arrested before. The cop never even checked the driver's license as he did not know it was suspended until we were already transferred to the commisioners office. I dont have alot of money, but if i have a good chance of beating this case than I will hire a lawyer. But i just dont want to waste my money, so what do you recommend?
Criminal Lawyer: LawTalk, Lawyer replied 8 years ago
Good afternoon,

Unless you are talking a whole load of weed--an amount that is going to get you, personally, charged with possession with intent to distribute, then you might consider just asking to be assigned a public defender. Pot charges in many cases aren't that big a deal.

However, it would be a good idea to get at least an initial consultation with a local defense attorney to see what you are looking at n]based on how the local judges generally handle situations like yours.

Based on your facts, it sounds like there may be a valid defense based on an unlawful search of the vehicle----presuming that the driver didn't OK the search in the first place.

I wish you well.

Best regards,

Doug

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Customer reply replied 8 years ago
Ok, thank you for your help, I will accept it i just have one more question. What my charges were: Possession of a controlled dangerous substance Schedule II(Percocet) and Schedule I(Marijuana). Are either of these felonys? And by the way, the weed that was in the trunk was only 14 grams.
Criminal Lawyer: LawTalk, Lawyer replied 8 years ago
Good morning,

14 grams of weed---that's it? Not much to worry about there by itself.

The possession of a Schedule II drug can be charged as a felony in Maryland--the pot is a misdemeanor.

Under that circumstance, be sure to get a consult with a local attorney soon.
If this is a first offense, you will probably qualify for a deferred sentence and likely a drug class, a fine and probation--provided you didn't have a perverse amount of Percocet on you at the time.

I wish you the best.

Best regards,

Doug

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