What happens when a police officer says they smell marijuana?
What happens when a police officer says they smell marijuana?
Often times, upon stopping an automobile, police can claim they smell marijuana resulting in an inquiry that yields not solely marijuana however different controlled substances. If the officers claim they smell marijuana, under current case law, the authorities include a right to look the people within the automobile in addition because of the interior of the automobile. The leading original case that provides enforcement with this right is State v. Betz, 815 So. 2nd 627 (Fla. 2002), a Florida Supreme Court case.
We’ve handled innumerable cases during which a vehicle was stopped and also the enforcement officer claims possibly smelled marijuana. However, in some situations, once the officer searches the vehicle and the occupants or person inside the vehicle, no marijuana is found however the search yields different forms of controlled substances, typically leading to a criminal arrest.
The facts should be completely analyzed by a lawyer knowledgeable in search and seizure law. This situation might come back right down to believability of the officer or officers compared to the individual or persons inside the vehicle. problems to contemplate are “How several officers were at the scene once the marijuana was allegedly seized? Would such a person be willing to testify in court at a motion to suppress hearing or trial? What type of criminal arrest or conviction history do witnesses have? will the officer claiming he or she smelled marijuana have problems in his or her personal or human resource file that are obtainable through a public records request in Florida? Or, in some circumstances, the question could also be, “If the officer claims he smelled marijuana, why there was no marijuana found within the car?!”
If marijuana wasn’t being used however the officer(s) claims it had been, as you’ll see, it’s going to become a problem of who can a judge, or presumably, a jury, believe? Investigation and also the interviewing of witnesses by an experienced lawyer must present itself at once when someone’s arrest. In the majority of cases, the individual imprisoned shouldn’t decide to investigate a case on her own due to the potential for an allegation of witness meddling or improperly making an attempt to interview a witness. The imprisoned person ought to offer a listing of individuals who could also be willing to collaborate to his or her attorney.
If you’re imprisoned for a “drug crime” as well as drug possession, narcotraffic, or getting a prescription through dishonest means, shopping for doctors, or drug producing please think about contacting an experienced legal attorney as quickly as attainable. As you possibly can understand, there are often serious consequences if one is guilty of such an offence, as well as imprisonment and loss of Florida driving privileges.
Need Help?
Facing a problem with a crime. Have questions? It is vital that you contact a Criminal Attorney to help you with the correct legal steps you need to take. Rivera Law Offices, P.A. is dedicated to providing each client with the legal defence they deserve. Located in West Palm Beach, Florida, Rivera Law Offices, P.A. has been fighting cases like this for many years and will be more than happy to help you resolve your case. Contact us about a free consultation now!
Leave A Comment