Marijuana in a Motor Vehicle

Hello, I was just charged with 152.027.3. My friends and I were sitting in my car in front of their house. The police was called because my vehicle looked "suspicious". After the cop got me friends and I IDs, he told us to step out the vehicle because he smells marijuana. After he searched us, he then searched my vehicle. He found two blunts. Should I go to court or just pay the fine? My record is clean and I have never been stopped before. Not sure what steps I should take next.

Once the officer made contact and smelled the marijuana that likely gave him the probable cause necessary to conduct a search of you and the vehicle you were in.

At this point, you might want to consider consulting legal counsel to determine what the options are. It might be that you can get deferral by taking drug treatment and testing. Consider this a chance to get clean and sober.

Oh, and since you omitted the state you are in, based upon the statute I presume this is for Minnesota?

Subd. 3.Possession of marijuana in a motor vehicle. A person is guilty of a misdemeanor if the person is the owner of a private motor vehicle, or is the driver of the motor vehicle if the owner is not present, and possesses on the person, or knowingly keeps or allows to be kept within the area of the vehicle normally occupied by the driver or passengers, more than 1.4 grams of marijuana. This area of the vehicle does not include the trunk of the motor vehicle if the vehicle is equipped with a trunk, or another area of the vehicle not normally occupied by the driver or passengers if the vehicle is not equipped with a trunk. A utility or glove compartment is deemed to be within the area occupied by the driver and passengers.

Yes I am in Minnesota. I would prefer to get the deferral by taking drug treatment and testing. Where can I consult legal counsel?

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Quoting confused1990

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Yes I am in Minnesota. I would prefer to get the deferral by taking drug treatment and testing. Where can I consult legal counsel?

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Start with the yellow pages or check online for attorneys. The local bar association is also a good resource.

if you cannot afford an attorney, the court may appoint one for you at your arraignment. How it works, specifically, in your neck of the woods might be something you will have to make a phone call to the court on.

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Quoting confused1990

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Hello, I was just charged with 152.027.3. My friends and I were sitting in my car in front of their house. The police was called because my vehicle looked "suspicious".

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A "suspicious-looking" vehicle doesn't seem to be enough evidence for the officer to approach your car. Get a lawyer to suppress the search.

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Quoting John_28

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A "suspicious-looking" vehicle doesn't seem to be enough evidence for the officer to approach your car. Get a lawyer to suppress the search.

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Investigating reports of suspicious activity is one of the things police are paid for. As Carl pointed out, once the officer made con tact and smelled marijuana that was likely all that is needed. An attorney can evaluate the totality of circumstances but I doubt the initial contact will be tossed.

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Quoting John_28

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A "suspicious-looking" vehicle doesn't seem to be enough evidence for the officer to approach your car. Get a lawyer to suppress the search.

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The police do not even NEED a reason to walk up to a parked car. But, once there and they smell the odor of marijuana, then they have reasonable suspicion to detain for further investigation, and very likely the probable cause necessary to support a search.

A suppression based upon the contact is not likely unless there is more to the tale than was mentioned.