Q: Passenger of a vehicle that was pulled over, the driver had a license, registered and insured can the pasngr be searched
My boyfriend was the passenger of a vegicle that was pulled over, he didnt do any sudden movements and was told to step out the car because he fit a description, he then was searched and arrested for possession of a handgun, possession of bullets and marijuana. Is the case substantial or valid? Can it be thrown out?
A: The answer is maybe the search could be thrown out, but it is very easy for a police officer to have cause for a search, such as the officer merely needs to state he smelled the odor or raw marijuana, or that he saw a metallic object on the person and that person fit a description of a call into the police of a person having a gun. That being said other better defenses may exist such as why the car was pulled over in the first place etc, etc. GET him a lawyer as gun charges are serious cases with mandatory jail time.
A: All motions to suppress evidence are iffy things. They will need to show the ID information or it may be a no go for them. Problem with MTS is to fight them you normally need to reject a plea offer so it is all or nothing. Possession of a handgun is 2nd degree with presumed prison 5-10 years and it is Graves Act to 1/3 to 1/2 must be served before parole. That is a big bet on a MTS.
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