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?
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.
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