Legal Question in Criminal Law in Kentucky

First offence, ever. Possession of under 1 (one) gram of marijuana

I was riding in a car from Virginia to Indiana on a roadtrip and had fallen asleep in the backseat. I was woken up to police pulling us over for speeding. I sat up, put my seatbelt on, and did just as anyone would do when being pulled over. Our friend was unaware of a suspended license and was quickly arrested. Without warning another officer asked us to step out and searched the car. The driver was not the owner of the car, the passenger in the front seat owned the vehicle and has no criminal history and valid license. I complied willingly to the search of my being because i had nothing to hide. When searching the vehicle they opened my camera bag and in a small pocket on front, found a bag with under one gram of marijuana from ages ago. She asked me who the bag belonged and i admitted, again because i had nothing to hide, that the bag was mine. The officer quickly detained me and threw me in the car, no questions, no rights were presented to me. I understand the reading of your rights is irrelevent.

Was the search made legally?

Was permission needed to search the car?

In Kentucky, what would a charge like be sentenced with. This is my first arrest and offence ever. I had a 100% clean record untill now.


Asked on 5/30/07, 5:34 pm

1 Answer from Attorneys
E. Brian Davis Davis Law Office

Re: First offence, ever. Possession of under 1 (one) gram of marijuana

There is a good argument that the search was improper. Unfortunately, making the argument aggressively will likely cost a fair amount.

Instead, you may wish to see if the county in which you were charged really prosecutes such cases or if they have a diversion program. You would seem to be an ideal candidate for a diversion... Good Luck.

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Answered on 5/30/07, 6:17 pm


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