Legal Question in Criminal Law in Ohio

Drug Charges

I passed a cop with 30 day tags and a cracked windshield, he said he couldn't see the tags, and he didn't turn his lights on until he was right up behind me in my driveway as we were ready to get out. Then he searched my purse after I declined, found a little bit of Marijuana and a pipe. my parents came out to talk, and they arrested me, can charges be dropped?

Asked on 2/05/07, 4:31 pm

3 Answers from Attorneys

Willard Hanner Hanner Law Firm

Re: Drug Charges

He may have had the right to stop your car, but based upon the information provided, I'm not sure he had the right to search your purse, in which case the charges could be dismissed. Is he claiming he smelled marijuana before he searched your purse?

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Answered on 2/05/07, 5:52 pm
Joseph Jacobs Jacobs & Lowder

Re: Drug Charges

The big question is how the police officer got into your purse....Did you let tell him it was OK? If so, you may not have legal leverage, but the voluntariness of your consent could be called into issue...If the officer smelled it, you have no legal leverage whatsoever and he didnt need your consent since he had probable cause of a crime. Regardless of what happened, you need a lawyer to try to get you out of the automatic driver's license suspension if you were charged under the state code, which is 2925.11 and 2925.14. This is something you do not want on your driving record for the rest of your life....The stop was questionable enough that a prosecutor faced with an attorney's questioning of the legality of the search could be enough leverage to get you out of this without that suspension and maybe out of conviction. Do not lay down without talking to a lawyer specifically about exactly what happened. You may, of course, contact me directly.

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Answered on 2/06/07, 12:16 am
David Drew David P. Drew, Esq.

Re: Drug Charges

Yes, it sounds like the officer made an arrest on the basis of an illegal search. If that is the case, a Motion to Suppress should be filed and the case be dismissed on that basis. If you have additional questions, please call my office.

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Answered on 2/06/07, 3:23 pm

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