Ringgold, GA asked in Criminal Law, Civil Rights, Legal Malpractice and Probate for Georgia

Q: Can this case be dismissed because I was arrested for marijuana poss in someone else's vehicle without a search warrant?

My boyfriend, who was on probation for marijuana charges,was pulled over because of a missing headlight and they lied and said he was following too closely, but there was no other vehicle around to be "too close" to. He gave permision to search the vehicle,but stated that it was not his so the glove compartment needed a warrant to search because it was locked.He was told no warrant was needed due to probable cause because the car smelled like marijuana. He was licensed and driving my vehicle. They have also made the false statement on the paperwork stating that he gave them permission to unlock and search the locked compartment in my vehicle, even though he had asked them why they dont need a warrant seeing as thats the only part of my vehicle that locks with a key except my doors. How could these inaccurate statements made by the arresting officers affect his case and what are our next steps?

1 Lawyer Answer
Robbie Levin
Robbie Levin
  • Criminal Law Lawyer
  • Marietta, GA
  • Licensed in Georgia

A: The officer can pull you over for the headlight violation. The smell of marijuana is generally enough to permit a vehicle search. You should hire a lawyer.

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