If I got caught with some marijuana of around a half ounce, a scale, bags and paraphinilia, will the cops try to get a warrant to see my phone records?

Asked on July 19, 2012 under Criminal Law, Pennsylvania


Andrew Goldberg

Answered 8 years ago | Contributor

Maybe. With the amount of marijauna, the scale and depending on the nature of the paraphernalia. the prosecution will try to prove circumstantially that you possessed the marijuana with the intent to sell or deliver it. Unfortunately, that is a felony. In other words, the prosecution will argue simply that the quantity of marijuana and the scale evidence an intent to sell the marijuana and not personal use. The prosecution will also look at the amount of cash on you and how many cell phones were present when arrested. You need to hire a lawyer to evaluate the legality of the traffic stop and the legality of the search or searches.

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