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Ask wallstreetesq Your Own Question
wallstreetesq, Lawyer
Category: Criminal Law
Satisfied Customers: 17252
Experience:  10 years Experience, have tried several high profile felony cases and misdemeanors
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we were pulled over because they said the passenger did not

Customer Question

we were pulled over because they said the passenger did not have his seatbelt on wich is not true they charged the passenger for not wearig a seatbelt but never gave him a ticket they called the k-9 unit an found drugs and a weapon is this an illegal search
Submitted: 7 years ago.
Category: Criminal Law
Expert:  wallstreetesq replied 7 years ago.
did the officer state he smelled drugs at all?
Customer: replied 7 years ago.
yes he said that he smelt weed thats not true nobody had been smoking they asked for license snd registration it was given to them they asked the occupants to exit the vehicle and called for a k-9 unit
Expert:  wallstreetesq replied 7 years ago.
since they claimed they smelt drugs the courts will allow them to enter and search the car for drugs, at your criminal arraignment your lawyer will and should file a motion for an illegal stop and search, and you will be granted a hearing in which your attorney can cross examine the officers to prove that they actually smelt the weed.