Moultrie, GA asked in Criminal Law and Cannabis & Marijuana Law for Georgia

Q: My boyfriend was parked on the wrong side of the road he was coming out of the house when an officer road by and made a

Uturn to tell him he couldn’t park where he was parked then he went on to ask him for his license and he told him to sit in the car he proceeded to do so his license came back good only for the officer to tell him he smelled marijuana well my boyfriend complied and told him there was marijuana in the car he called more officers but he only Ceased his phone and the marijuana but they let him keep his money my question is was it legal for him to pull up and make my boyfriend get into the car when he was out of the vehicle? Why didn’t he make a proper stop and did he have to run his license just because he was parked on side of the road?

2 Lawyer Answers
Priscilla T. Upshaw
Priscilla T. Upshaw
Answered
  • Criminal Law Lawyer
  • Powder Springs, GA
  • Licensed in Georgia

A: It was legal for the policeman to check his license and to ask him to get into his car. Since he was illegally parked, that was enough to “stop” him.

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David Edward Boyle
David Edward Boyle
PREMIUM
Answered
  • Criminal Law Lawyer
  • Monroe, GA
  • Licensed in Georgia

A: The answer is it depends. Not sure based upon these facts about whether it was a consensual encounter or not and whether the officer observed the Defendant driving the vehicle. I would encourage him to consult with a lawyer for a more detailed analysis.

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