If possession under an ounce of marijuana has been decriminalized in my state, does an officer have probable cause to search my vehicle?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If possession under an ounce of marijuana has been decriminalized in my state, does an officer have probable cause to search my vehicle?

The search was without my consent. What if he finds a small amount on my person?

Asked on October 23, 2013 under Criminal Law, Kansas

Answers:

Stacey Schlimmer / Schlimmer Law, LLC

Answered 10 years ago | Contributor

Probable Cause to search the vehicle can be based on a number of things - did he smell something? see something? Were you in your state or the State of Kansas (where any amount of marijuana is still illegal)?  An attorney will review your reports and any video from the officers or the officers' car.  After reviewing the evidence, an attorney can decide if he or she believes the search was legal or illegal.  If the attorney believes you have a case, a Motion to Suppress the evidence obtained from the search should be filed with the court.  It will be up to the Judge to agree or disagree with the Motion.  

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The facts will depend on whether you were arrested for other reasons or if the probable cause for other reasons gave reason to search your vehicle. If you were driving, the car may be seized but it depends on the circumstances. If you believe that under your state's prescribed laws the search was vehicle and you were charged with something resulting from the search, your lawyer should ask the court to suppress the search, which may result in dimissal of charges because there would be an absence of physical evidence.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption