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Guru_Guy, Lawyer (JD)
Category: Legal
Satisfied Customers: 2418
Experience:  My specialties include Civil Rights and Constitutional law, as well as general practice issues.
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Can my drug charge of possession be dismissed if ...

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Can my drug charge of possession be dismissed if police lied about why they pulled us over? We say racial profiling, cop lied and said he was behind us but he made a uturn after passing us. We were already stopped in a parking lot when they came in behind us. He noticed my tags but I already paid them and showed him proof that I paid it. He kept badgering us. He should have let us go after that right?
If you can show that the reason the officer pulled you over was racial profiling, the search would be illegal and the case likely dismissed. Even if not racial profiling, if there was no reasonable suspicion for stopping you, the search would likely be found illegal as well.

But if the officer says he has a legitimate reason, you need to convince the court that the officer is lying. That can be difficult.

It sounds like you will need a good defense attorney to see if you can catch the officer in a lie.

I hope this helps!
Customer: replied 9 years ago.
Reply to Guru_Guy's Post: How do I show racial profiling? Look up the demographics of that city?
Racial profiling would best be shown by the officer's record of stopping suspects. If he is stopping a disproportionate number of minorities compared to the population of the neighborhood that he patrols, that would be persuasive evidence. If there is any evidence that the officer has made racist or racially questionable comments in the past, that could also be used against him.
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