What to do if my 23 year old son was pulled over due to expired tabs but the officer was part of a K-9 unit and his dog smelled pot so the car was searched?

A misdemeanor amount of drugs was found along with some paraphernalia. The officer also looked in the trunk and found a shotgun and shells which where still there from a trap shooting league earlier in the week. As a result he taken to the police station, the car impounded and the shot gun confiscated. It has been several months now and the police have not charged him with anything. Essentially they are keeping him on “a leash” so he can testify against someone should they need him. We would like to end this and move on. Plus, I would like the gun back. What is the best course of action?

Asked on November 25, 2013 under Criminal Law, Minnesota

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Your son was pulled over due to a violation (expired tags).  Therefore, the police had probable cause to stop him. As a result, the happenstance was the K-9 detected marijuana and all of that was confiscated with probable cause. That being said, you can have an attorney petition for the shot gun and shells back if they were legally owned and he carried a permit for them.  As for the charges, the attorney can see if charges will be filed or if your state has a law regarding the minimal amount of marijuana which could constitute a charge. It is not up to the police to do the prosecution; it is up to the prosecutor and your son's violations may not be enough of a priority to act quickly.


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