My fiance got pulled over & arrested but the office never issued any tickets for what he claimed to have pulled him over for...

Asked about 2 years ago - Olathe, KS

My fiance was pulled over because the officer said he was speeding and ran a red light. The officer asked him to take a sobriety test that he passed! The officer noticed a bulge in his pocket. He put his hand in his pocket without asking. It was marijuana. He then arrested him but has no proof of evidence in the form of a ticket or video of why he pulled him over. The officer then lied on the stand... Isn't this a case that is supposed to be thrown out or is it possible that my fiance could serve more time?

Attorney answers (3)

  1. Patrick Michael Lewis

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    Answered . It is not unusual for a police officer to stop a car for a traffic violation and then, after finding evidence of another crime, charge the defendant with additional crimes but never write the original traffic tickets. Sometimes this can help in a motion to suppress. It is obviously a very good thing that he passed the field sobriety tests. I assume that he has not been charged with DUI. The possession of marijuana may well be subject to a motion to suppress. If the court agrees that the search of the pocket was without a warrant or a valid warrant exception he should order the evidence suppressed. This means that the prosecutor would either have to dismiss or appeal the case. 4th Amendment law, search and seizure, is a complicated area and needs the attention of a lawyer experienced in criminal practice and drug cases as well.

    Simple possession of marijuana, assuming no priors, is a class A misdemeanor. The possible sentence for conviction of a class A misdemeanor is one year in the county jail and a fine of up to $2,500. He needs to speak with an attorney immediately.

    Legal disclaimer: Legal disclaimer: Patrick M. Lewis, (913) 558-3961, patricklewislaw@gmail.com. This answer is... more
  2. Robert C. Gigstad

    Contributor Level 10

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    Answered . Agree completely with Attorney Lewis, he needs to speak with a local attorney experienced in Criminal Law A.S.A.P.

  3. Ted Harvatin

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    Contributor Level 19

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    Answered . This is not a situation that can be resolved online. He should hire a lawyer

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