Q: My daughter got pulled over for expired tags. The cop claimed he smelled marijuana. He broke into a lockbox and found
Paraphernalia. She now has a court date for possession, what are my options in South Dakota?
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A: Based on what you've stated the original stop was valid, as any motor vehicle infraction no matter how minor, is justification for a stop. Law enforcement often uses odor of marijuana to justify a probable cause search of the vehicle. There are possible options such as a motion to suppress the search of the vehicle, but without knowing the facts no lawyer can speculate as to the likely outcome. Your best bet is to contact an attorney in your area and schedule a consultation.
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