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My boyfriend was a passenger in vehicle working for Kirby vacuum cleaner. The driver/owner of the personal car got pulled over for not using blinker. Police report states that officer was watching vehicle due to going door to door knocking on houses. In which that is what you do when you sale Kirby vaccums. ( Officer was profiling). Officer stated he asked to search vehicle driver stated no pulled drug dog out due to nervousness of driver. Drug dog hit on driver side door back door and rear giving probable cause to search vehicle. Second report by same officer states probable cause to search vehicle was he smelt marijuana ( why are there conflicting probable cause reports) if officer smelt marijuana he wouldn't have to ask to search vehicle. Upon searching vehicle officer states that he did find 2 types controlled substance in vehicle. Arrested and obtained both driver and passenger in drug free zone of day care and school. My boyfriend states that he was unaware of anything in vehicle. Officer picked up the 3 employee that was doing a demo at one of the houses ( not charged bc he wasn't in the car at the time they got pulled over). They are going to indict my boyfriend stated may offer 5 years. If he doesn't accept the offer they are going to enhance his charges from a theft chg in 2013 that he has already done time for and increase the sentencing. ( Isn't that violating his 5th amendment also double jeopardy and 8th amendment cruel enhanced punishment). Can they enhance a chg that is not a similar offense. Can he fight do they have to prove he knew of substance in vehicle. What are his rights please help.… read more
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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