Legal Question in Criminal Law in North Carolina

I was pulled over by a sheriff, he claimed to see a roach in my ash tray and proceded to search the car and found a marijauna cigar and took just the cigar that was out of view and left the roach, the car didnt smell as cigerettes were being smoked and no marijauna had been smoked in the car, and i got charged for the cigar in north carolina. Being he has no evidence that proved he had probabale cause to search does that make evidence from the search invalid?

Asked on 6/05/12, 7:50 pm

Clarke Dummit Dummit Fradin (Winston-Salem Office)

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I assume he will claim that he saw the Roach in plain view? You should contact a criminal defense attorney in the county where you were charged.

Answered on 6/06/12, 4:32 pm

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