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  1. #1
    Join Date
    Sep 2009
    Posts
    3

    Default First Offense Possession of Marijuana

    My question involves criminal law for the state of: Louisiana

    I was driving from my dads house with my g/f and brother last month with pot in the car. I needed gas so i stopped at a gas station where an unmarked cop car was sitting talking to someone. While i am getting gas they eyeball us and leave. When i'm done i take a right onto the main street and don't use my blinker b/c its 1130 on a weekday and no one was on the street. The same two cops that were at the gas station come out of a parking lot with their tires screeching, lights on and the spot light on us. They come up to the car and immediately say they can smell weed, to get out of the car etc. We had less then a gram on us which was in two bags, inside of my girlfriends small clutch and under the seat plus we were riding with the windows down. They didnt ask to search, didnt give them permission and i know they couldn't smell anything. I never smoked in the vehicle. We didnt even have anything out and ready to smoke. I asked them if we were under arrest and they said yes but all they did was give us tickets; my gf also said they didnt read her her rights.

    my question is: is there anything we can do about not having probable cause bc i know they couldn't smell anything. Also if they say we're under arrest and dont read us our rights and only give us tickets is that the same thing?

    any other advice or is it the cops word against ours?

  2. #2
    Join Date
    Aug 2009
    Location
    Central Florida
    Posts
    37

    Default Re: First Offense Possession of Marijuana

    That ticket you got was probably a notice to appear (NTA) in court to answer to your possession charge. The NTA is used in place of taking you to jail and you bonding out, and yes it is still an arrest. Also, there is no requirement for the police to read Miranda to you whether they take you to jail or issue the NTA. In court it will be the officers’ word against yours that there was the smell of marijuana in the car.

  3. #3
    Join Date
    Sep 2009
    Posts
    3

    Default Re: First Offense Possession of Marijuana

    b/c cops are liars and its almost impossible to dispute in court what they said they smelled.

    does anyone know if they will bring the little baggy of marijuana to court with them? b/c it was dirt weed, not very powerful stuff. i want to show the judge how close your nose has to be to the bag to smell it. there's no way they smelled anything

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: First Offense Possession of Marijuana

    A stunt like that will get you nowhere, even if the judge were inclined to open a sealed evidence bag to sniff your drugs.

    The issue was the smell in your car, not whether it emanated out of the bag of marijuana that you had in the car.

  5. #5
    Join Date
    Sep 2009
    Posts
    3

    Default Re: First Offense Possession of Marijuana

    there was no smell in the car thats the problem....my dad can even attest to that as he and his gf were using my car before i was and they even said it didnt smell like anything.

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