Legal Question in Criminal Law in Texas

Can you be aressted for smelling like marijuana and admitted smoking prior to aresst? No field test given officer was not a DRE.

Report states by officer "I BELIEVE (name) had POSESSED usable amount earlier.

Marihuana was in car but was claimed ownership by a another occupant.


Asked on 7/10/14, 11:49 am

1 Answer from Attorneys

Chris Dorbandt Chris Dorbandt & Associates

You cannot be arrested for smelling like marijuana. You can't be arrested solely on the fact that you have admitted to smoking pot prior to any arrest. If the officer believes you possessed a usable quantity, he will have to prove those allegations.

Marijuana was in the car? LOL. You are too funny!

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Answered on 7/10/14, 2:42 pm


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