Question: My son was stop for not having his seat belt on. After being stop he was ask for his lic, & insurance cards after giving this to the officer the officer started back to his car than turn back and say he smell marijuana, My son and two neighbors one neighbor was ask to drive his car home, neither neighbor smelt marijuana. however my son had a joint (marijuana) in his sock. the officer also commited that he never forget faces. 2months ago he gave my son a ticket saying his tin was to dark, it was not and of course that was dismiss after I spoke with the chief of police. Is this an illgel search? and this cop target my son for revenge or profiling? The ticket was written as driving without seat belt, & less than an ounce of marijuana, both written as misdermeanor Please understand that I'm no way defending my son wrong in this but I am questioning this officer because of a previous encounter
Answer: Whether or not it is an illegal search is a function of whether the judge believes that the officer could smell the small amount of marijuana the police officer located. If yes. then the search is good. IF no, then the search is bad. Therefore, I would recommend retaining the right attorney.
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