Q: I was recently stopped in my vehicle and the cops claimed they smelled marijuana in vehicle. Do they have right to searc
It was my moms car and I know there has never been any marijuana in the vehicle. Along with that they made me and my girlfriend sit in their car after I said I do not want . They also never asked me if they could search the vehicle and they also open the trunk without permission. They also never had a right to stop me in the 1st place because he had no reason for stopping me.
A:
Violations of your 4th amendment protections against search and seizure are what you are referring too, and you need to fight that in court when you reach the motions stage. A lawyer will be invaluable as motions practice gets complex quickly and a good local criminal defense lawyer will assist you in presenting the right cases from our Court of Appeals showing how your search violate your rights. That is how you win in this issue.
Good luck!
Josh
ChancoSchiffer.com
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