Does a possession of under 1 oz of marijuana charge have to be dropped if it was issued with a failure to stop but gets that dropped?

Pulled over around 11 pm; officer said I didn’t stop but my friend pulled up at the intersection at the same time as me; we both stopped. He went through first then I followed behind him; then the officer pulled out behind me and pulled me over. The other officer that was with the one that pulled me over found a pipe with a tiny piece of marijuana on my floor of the passenger seat. He gave me max fines for both. If I can prove that I stopped, bring my friend as a witness, and the judge drops the traffic ticket, does the possession get dropped too?

Asked on December 1, 2011 under Criminal Law, Oregon


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Good question. If you can demonstrate that there was no probable cause for you to have been stopped by law enforcement concerning the incident that you are writing about then there is a chance that the court will rule that the discovery of the contraband that you are charged with having cannot be introduced into evidence at trial.

I suggest that since you have been charged with a criminal matter that you consult with an experienced criminal defense attorney about your situation. He or she would be in the best position to be able to file a motion to supress the pipe and marijuana that were found in your car post the apparent illegal stop.

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