Legal Question in Criminal Law in Georgia

I have a probable cause question. 2 weeks ago me and a friend was riding up 85 north doing the speed limit in a legal registered car. We passed a road block with all the above variables but an officer intended on pulling us over anyway saying that the tint on my windows was too dark, but once he checked the percentage ,my tint was the legal limit, and he only issued me a warning for my address being wrong on my license because I had just recently moved. The cops then stalled off this wrong traffic stop to let the k9 unit get a sniff around my car which resulted in a hit with my friend who had marijuana on him, and it then gave them probable cause for them to search my vehicle and make an arrest. This leads to my question, If a officer pulls you over for a wrong suspicion (The tint being too dark) that checked out, do you think that there is a chance to get this case thrown out in court as a illegal search and seizure? Or should my friend just look forward to a plea agreement?


Asked on 7/02/12, 4:22 pm

2 Answers from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Since a marijuana case can mean jail, fines, a lifetime of being unemployable, loss of the ability to live in federal housing or to get student loans, and loss of a drivers license your friend needs an experienced criminal lawyer.

The fact that the officer was wrong as to the tint does not necessarily help - it depends on if his guess was accurate. In any event since the worng address on the license WAS a violation, that can also be probable cause. Then the question becomes how long were you delayed.

In summary, he needs a very good lawyer. He has NO chance on a pro se motion to suppress.

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Answered on 7/02/12, 4:51 pm
Lawrence Lewis Lawrence Lewis, P.C.

Sure, there is a chance. Who will be arguing the motion? You, your friend, the cheapest attorney he can find or an experienced attorney with 12 years experience? See website: www.lawrencelewispc.com

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Answered on 7/02/12, 5:16 pm


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