Legal Question in Criminal Law in Pennsylvania

How would one approach a defense for an arrest resulting from a call to the police that were dispatched to the scene for smoke bellowing out of a vehicle. When the police arrived smelt the burning of marihuana after 45 minutes of dialogue they asked the defendants to exit the vehicle for they were impounding for further investigation. Resulting in the city police to dispatch the state police to forcibly remove the defendants from the vehicle. Resulting in one being charged with small amount of marihuana for personal use, resisting arrest and possession of paraphernalia on scene and the other two released to be charged at a later date.

Asked on 2/13/15, 8:56 am

1 Answer from Attorneys

John Davidson Law Office of John A. Davidson

Well it's too late for that. You should have take Justice Jackson's advice and not talked to the police. I'm sure in 45 minutes the defendants said enough to get convicted. As for the search is see no problem especially in light of the PA Supreme Court removing the warrant requirement for car searches. The best defense strategy is to workout the best deal you can with the DS.


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Answered on 2/14/15, 7:59 am

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