I was driving over the Vermont-New Hampshire boarder when I was pulled over for speeding. Everything was fine, it acted like a normal ticket. There were two cops. They both came to the car and asked me to get out. They claimed that they smelled perfume so they asked to search my car. I said no about seven or eight times. They said that they would have to bring me with them and tow my car to get a warrant. Finally, I admitted to having marijuana in my car then they searched it.
What should you say in court? Nothing. Your lawyer will do all the talking.
Seriously, any time police search for, and find contraband pursuant to a traffic stop, lawyers think of 4th Amendment violations. You may a very good issue here, so it's imperative that you obtain legal counsel. You need to consult a local criminal defense attorney asap. You can utilize the "Find a Lawyer" function on this site to search for lawyers in your area. Confer with a few, and hire one.
Good luck to you.
You should not say anything in court, you should hire a competent attorney who can handle your case for you. Given the small amount of information in your post, there could be many legal issues regarding any charges you have pending from this incident. An attorney will be able to investigate and evaluate theses issues to help you get the best outcome.
The only thing standing between you and a conviction will be your lawyer. You don't say anything. The state has to prove its case against you and you remain silent.
R. Jason de Groot, Esq. We do not have an attorney-client relationship. I am not your lawyer. The statements I make do not constitute legal advice. Any statements made by me are based upon the limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in Florida.
It's sad to say that this isn't very unusual. The New Hampshire state lines are hot spots for drug traffic, so police are especially eager to see inside your car. If the police went far enough to violate your rights, you could be entitled to have the evidence in your case thrown out. To do that, you'll need to file motions with the court well before the trial date. This where a lawyer would be most useful, as the laws of searches and seizures can get particularly complicated. You will want to contact a lawyer quickly so that you have as much time as possible to put those motions together.
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