Birmingham, AL asked in Criminal Law for Alabama

Q: Traffic stop. Passenger ran. Left drugs in car. Charge poss. No. Traffic off. Now charging me w traffic off.

This is 2 months after stop. Is that legal?

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1 Lawyer Answer

Samuel G McKerall

Answered
  • Criminal Law Lawyer
  • Gulf Shores, AL

A: Its legal if there really was a traffic offense and he just didn't write it up at the time. On the other hand, if there originally was no traffic offense, and the officer is lying and just made up a traffic offense so that he could make a possession charge stick, then its not legal.

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