Would there be a way to toss out possession and paraphernalia charges through procedural error/ traffic ticket proven wrong

Asked over 1 year ago - Tallahassee, FL

Pulled over for traffic infraction. If this traffic infraction is proven unlawful and they shouldn't have pulled offender over, after smelling marijuana at the door and searching the vehicle to find possession and paraphernalia, would the civil citation be dismissed with it? Also, the civil citation was mistakingly marked for an adult when the offender is only 17. The officers assumed the offender was in college based off a college decal, even with license etc., and failed to attempt to call a parent and clearly indicated adult on written report instead of juvenile. Procedural error?

Attorney answers (3)

  1. Summer Rae Goldman


    Contributor Level 11


    Lawyer agrees

    Answered . Yes, you should hire an attorney who can file a Motion to Supress pursuant to Fla. R. Crim. P. 3.190(h) and (i). Basically, the attorney alleges that law enforcement violated a person's Fourth Amendment right against unlawful search and seizure and asks the court to suppress the evidence seized in the case (drugs and paraphernalia in this case).
    Best of luck

    Legal disclaimer: The answers given are limited to the facts as given and presumed by the answer itself. Without... more
  2. Steven Douglas Knittle

    Contributor Level 15


    Lawyer agrees

    Answered . It is hard to answer your question without more facts and details. Basically, an officer must have probable cause that a traffic violation or other crime is being committed to pull you over, however there are some exceptions. You should look for a criminal defense attorney in your area that offers free consultations and see what they think of your case.

  3. Zachary Michael Ward

    Contributor Level 13

    Answered . If a Motion to Suppress is filed and granted you may get what you want here. Suppression Motions are very fact specific, so you will need to hire an attorney that practices criminal defense in your local area.

    In Leon County your chances of successfully getting the evidence suppressed will depend heavily on which Judge has been assigned to your case.

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