Prattville, AL asked in Criminal Law, Traffic Tickets and Civil Rights for Alabama

Q: IF I have marijuana in my car and I get stopped by the cops and I give no suspicion but they ask to search and I say no

... and I say no to the search and they bring the dogs out and the dog finds it is that evidence in court ?

1 Lawyer Answer
Samuel G McKerall
Samuel G McKerall
Answered
  • Criminal Law Lawyer
  • Gulf Shores, AL

A: The answer depends on the reason the officers state was the reason they pulled you over. IF, and that's a big IF, the officers had no legitimate reason for the stop AND IF they admit that, the marijuana they seized should not be admitted into evidence against you. If, on the other hand, the officers give a valid reason for stopping you, then the marijuana they seized WILL be admitted into evidence, even if the reason for the stop was not related to the marijuana. Sometimes the officers will give what they think is a valid reason for the stop but they are mistaken and the reason they give is not a valid reason. In that case the marijuana will not be admitted. Here are some valid reasons for stopping you: any traffic violation, crossing the yellow line, speeding, taillight not operating, failure to stop for a stop sign. Here is a NON-valid reason: You looked suspicious, or they know you have a record and they wanted to see if you were holding.

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