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Possession Of Alcohol And Pot With Minor

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  • 01-15-2008, 10:57 AM
    anderjen4@yahoo.com
    Possession Of Alcohol And Pot With Minor
    my 17 yrs. son was pulled over for the center brake light not working. the officer asked my son if he could search the car because he believes they were smoking pot. my son say's no. the officer says he can because of some law. searches the car,finds pieces of pot in the car. maybe making up not even a 1/2 of a joint. he opens the trunk and finds 4 cans of beer. the car is in my husbands name. both were written up as misd. and we have to go to court in a month. do we need to get a lawyer or is it pretty much a closed case against my son. we live in southern california.
  • 01-15-2008, 01:36 PM
    cdwjava
    Re: Possession Of Alcohol And Pot With Minor
    What section(s) is he accused of violating?

    First, the officer will have to justify the search ... if he smelled the odor of marijuana, that may very well justify the search. Searching the trunk is potentially questionable depending on the justification, and the state will have to tie the alcohol to your son in any event.

    - Carl
  • 01-19-2008, 07:16 PM
    usedbranflakes
    Re: Possession Of Alcohol And Pot With Minor
    The 4th Ammendment doesn't apply in alcohol cases (it would seem), but in drug cases it does. The officer has to have a reason to believe that they were smoking pot. Usually there is a cookie-cutter template they fill out in their police report. This is also a defense.

    Even a "roach" or roach clip is enough to arrest/cite.

    A good defense attorney can either get the case (technically the "fruits) of the search) thrown out if it was an unalwful search. Without the fruits the prosecutor can't do his/her job.
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