What to do if my 17 year old was arrested for smoking pot?

Last night my son was arrested for OWI. He had been smoking pot and was actually pulled over as the tags on his plate say his registration was up last month, when in fact they are up next month. The police officer smelled pot which gave her reasonable suspicion and proceeded to do a search.There was a small amount of pot, less than ounce, found in his girlfriends bag as well as a pipe. She was given the ticket for possession and she is under 16. He was taken in for a blood test. He was never read his Miranda rights. What will happen from here?

Asked on July 19, 2012 under Criminal Law, Wisconsin


Anthony Van Johnson / VANJOHNSON LAW FIRM, L.L.C.

Answered 8 years ago | Contributor

Your facts state that your son (age 17) had been smoking marijuana, was stopped by the police for an alleged expired registration, the officer alleged that he/she smelled marijuana, the vehicle was searched, and your son was arrested.  First, you need to retain the services of an attorney right away.  If, based on the facts, an illegal stop occurred, then all of the evidence obtained as a result of the illegal stop may be suppressed from evidence (which would include the marijuana evidence).  An attorney would need to investigate the facts, as well as, the status of the vehicle registration at the time of the stop.

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