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  1. #1
    Join Date
    Feb 2010
    Posts
    2

    Default Illegal Search and Seizure

    My question involves criminal law for the state of: North Carolina

    I was pulled over in a neighborhood for dark tint and speeding at night time. Two officers quickly approached the car one on each side as soon as I pulled over. The officer on the right hand side immediately said he saw a marijuana seed on the floor of my car and proceeded to open the door and search the car. The officer on my side pulled me out and searched me and retrieved a container containing 42 40 mg oxycontin and further search of the car revealed klonopins in a container. They proceeded to arrest me, charge me with drug trafficking and possession, and seized my car and phone. My question is if the cops did not retrieve a marijuana seed and put it into evidence and did not charge for any marijuana related offenses then can the search be deemed as illegal for having no probable cause to search me or my car if I was simply pulled over for speeding and dark tint. There was no reason for them to pull me out and search me other than the marijuana seed they said they found. I was not smoking marijuana and there was no smell of marijuana in the car and far as I know there shouldn't be any marijuana seeds in the car either.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Illegal Search and Seizure

    If they did see a marijuana seed in plain view, that would trigger an exception to the warrant requirement. If you're going to argue that they made that claim up, you need to be working with your lawyer to challenge the search and seizure. Note that they don't have to charge you with every possible offense - even if they found marijuana they would not have to charge you with possession. What does the police report say about the suspected marijuana seed?

  3. #3
    Join Date
    Feb 2010
    Posts
    2

    Default Re: Illegal Search and Seizure

    I've yet to get discovery, so I won't know for a few more months what's in the report.

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