Q: Can a cop pull someone over because it appears they have no seatbelt, then give tickets for marijuana and paraphernalia?
Someone I know got pulled over for appearing to have no seatbelt, when they had one on the whole time. After being pulled over, the cop smelled marijuana and the person was honest and showed him, he had 2.5 grams and also the pipe he hit it out of. The cop issued 2 tickets, in pencil, possession of marijuana (less than 1 oz), and possession of drug paraphernalia. With no valid reason for the stop, since the person was wearing a seatbelt the entire time, or the fact that the tickets are written in pencil get thrown out?
A: Likely not, unless it is absolutely established that the officer was lying. Typically, an officer can pull someone over for any traffic violation or perceived traffic violation. Afterwards, such as in a situation like this, if a person volunteers information about possessing a controlled substance, then that evidence and statement are admissible. As to the pencil, there is no requirement that a ticket be written in pen or pencill
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