ok so my buddy got busted, and heres the situation, he was pulled over for driving an unregistered vehicle, and in the process was forced to hand over his weed to the officer, but when he got home, he read his registry and it said that it was good till the last day of june(this month, for those not current on the times) so the reason he was pulled over is bunk. so does this mean the whole case can be thrown out?
It all depends whether or not he gave the cop consent or the cop had probable cause. Even if the cop pulled him over for something that turned out to be not a real cause to get pulled over if he sees something illegal or suspects the person and they willingly hand it over then the person is still at fault. Heres a Scenario: You are driving down the road and are following all the rules of the road when officer McBacon pulls up behind you. He for some reason can't see that you are wearing your seatbelt. Then he lights you up and pulls you over. He walks up to your door you roll down the window and he looks in and sees you are indeed wearing your seatbelt. He then goes "Oh I'm sorry I just didn't see you had your belt on" Then for some reason or another (Be it a whiff of pot to his nostrils or just a hunch) asks if he can take a look at the inside of your vehicle. If you consent to that and he finds anything you are screwed. Well if he smelt pot thats probable cause, but even if he didn't smell anything and asked out of the blue to search and you say "Yes" and he finds something you are caught. Even though the original reason for pulling you over didn't have anything to do with a drug charge.
the same kinda thing happened to me i got arrested on a wrong cause like no proof it was actually me who ran and all that but they then searched my car without consent or cause, everything was hidden. however they lied on the report saying the parephenalia was in sight, it was in 2 bags hidden completely, that showed that they had cause to search so i got 6 month probation but hopefully those cops arent dicks but who knows
unless I'm not understanding your situation chronic....getting out of your car and running is going to be good enough reason to allow a search by most judges.
don't most people keep the registration in the car? "license and registration" right? you can get ticketed for not having insurance if you dont have proof of it, but then you have to take your proof to the court on your day and they drop it.
but the thing is that his car was registered, it was still valid. i got some more details, apparently the cop smelled weed, asked him to step out of the car, he did. the cop asked said he was gonna frisk him, and to give him anything that he had and it would be better for him. so he handed over the pot. and i was talking to an "experienced" person(i.e. been arrested many times, gotten off of many charges) that i work with and he said that my friend can get the case thrown out, hes just gotta get a lawyer if he wants it guaranteed.
his first charg will probably be droped but the weed wont be. if it was like a dime hofaly he will only get a fine
yes, if you "confess" the way the search is conducted doesn't matter. A friend of mine was smoking with a group of people in a parking lot. He was outside his car when the cops came, and they said they smelled weed coming from his open sunroof. He kept saying no to letting them search, but when they took his keys to unlock it, he just gave them the bud from the center console. It was a completely illegal search if they had opened up his car, but he still got charged because he voluntarily gave up the weed. Tell your friend that it will be tough to get out of that.
no they're not gonna throw out the weed charge cause he handed it over maybe if he got frisked P.S. this really isn't an emergency.
