QUESTION
can i be charged with weed or will it be dropped in court because the evidence was collected illegally
Asked on Aug 31st, 2015 on Criminal Law - South Carolina
More details to this question:
ok i was pulled over i bought a car on 8-05 it has paper plats on it from the dealership it expires on 9-25 and the police says it expires on 7-25 i didnt even have the car then he must have looked at it quick it does look like a 7 but if you stare at it you can clearly tell its a 9 for 9-25 i gave him papers to show that i just bought it but he didnt care he still wrote me a ticket an then say he smell weed an then searched the car an found a roach of weed an charge me with possesion an took me to jail an towed the car .do you think i can get off since he need probable cause to pull me over an his probabable cause is invalid because of his own mistake im 100% positive my tags expire on the 9-25 he made a mistake an instead of letting me off found another charge just to impress his workers
1 ANSWER
Aviation Law Attorney serving Mount Pleasant, SC
Partner at
J. Brooks Davis, Attorney at Law
2 Awards
The first thing I look at in this situation is was there reasonable suspicion to initiate the traffic stop. If not, then I would move to have the evidence made inadmissible via the "fruit of the poisonous tree" doctrine. However, there is case law that states if the officers mistake was not aggregious, then the evidnce may still be allowed in. It's difficult to determine given the limited amount of information you provided.
Answered on Sep 08th, 2015 at 3:29 PM