Possession of Marijuana Charge After Consenting to a Search
My question involves criminal law for the state of: Wisconin
I was pulled over crossing yellow double hatch markings cop said I was pulling into oncoming traffic but oncoming traffic was stop and trying to pull into where I was pulling out. I pulled out and it was not fast or dangerous, the cars behind the one pulling in were stopped waiting for that car to pull into where I was pulling out.
Cop was behind me after I turned and pulled me over.
There was no smell of marijuana but cop claimed I was nervous but that because I had no choice but to pull out, I should have backed up.
He asked me for my license and went to the passengers side where his assistant offer was standing and noticed jug, passenger hands him the jug This was before I gave consent. Cop and hands it back to passenger realizing nothing in it
He runs my information comes to the car and acts like hes giving me a warning says to get insurance taken care of then turns around right after and asks if I have anything in the car I say no and then he asked to search I give consent. He searches me and I hand him the bag less than 2 grams. Still at this point there was still no smell or reason to remove me from the car or anything in plain site.
There was nothing in view other than the jug and at this point he searches my car finds nothing no paraphernalia or anything else at all. I was complaint. I have an attorney that will take the case for a retainer of $1.5K. Would the removal of the jug and no probable cause at all give me a case, cop said I didn't appear to be high or intoxicated after I handed the marijuana to him, my rights were not read but I wasn't under arrest. it will be a city ordinance ticket not criminal.
Have prior possession and DUI.
I am getting insurance to take the insurance charge down to 10$, I would just like to know what could be the outcome and if I have a case at all or should I just take the charge?
Re: Possession of Marijuana Charge After Consenting to a Search
Quote:
Quoting
nimrook
Would the removal of the jug and no probable cause at all give me a case
No.
Discuss possible resolutions of your case with your lawyer.
Re: Possession of Marijuana Charge After Consenting to a Search
You gave consent. This pretty much ends there.
Re: Possession of Marijuana Charge After Consenting to a Search
Ok, thanks, so basally if you give consent at any point of a stop that covers anything removed from your vehicle at any point of time in the stop? or it just covers the seizure of what I have in my possession after I give consent. Will being complaint at all help my case also due to the fact that I was sober and no paraphernalia was found.
Re: Possession of Marijuana Charge After Consenting to a Search
There could be limits to your consent but I didn't hear anything from your account indicating that you expressed any limits.
He asked to search and you say you gave consent. He found a bag of weed. That's pretty open and shut. Discuss with your lawyer.
Re: Possession of Marijuana Charge After Consenting to a Search
ok I was just wondering on basis of no probable cause or reasonable suspicion other than that I was supposedly nervous which anyone is nervous in a traffic stop thanks for your comments. I dont see how there was any need to ask to search my car other than my previous record and profiling based on that. and I am consulting a lawyer thanks.
Re: Possession of Marijuana Charge After Consenting to a Search
You don't need probable cause for a consent search. You only need consent -- which you say that you gave.