IfI was pulled over and found with possession after I saidthat Iwanted a lawyer, was the search legal?

UPDATED: Dec 2, 2011

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IfI was pulled over and found with possession after I saidthat Iwanted a lawyer, was the search legal?

I was pulled over with a friend and the officer said he smelled the odor of cannabis. He then asked to search the vehicle. However I told him no, that I wanted to call a lawyer first. He then grabbed my phone and told me that he had that he had the right to search my car. He proceeded to search it and found the supposed cannabis that he smelled and then wrote up me and my friend for possession. How can I fight this?

Asked on December 2, 2011 under Criminal Law, Florida


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The best way to fight the citation that you received after the stop by law enforcement is for you to retain a competent criminal defense attorney to represent you. The way I would defend the citation was that the initial stop of the vehicle was without probable cause in that there was nothing warranting the initial stop.

The problem that I see is that assuming the stop was warranted, the police officer by just smelling the marijuana (a controlled substance) coming from your vehicle had probable cause to search it.

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