Can criminal possession of marijuana be charged with no reason to be searched? 2 Answers as of December 02, 2010

An 18 year-old was charged with penal code 221.10 for $5 bag of marijuana. Can a criminal possession of marijuana defense be that a police detective stopped and searched the teen without a reason while he was walking home from the bus stop and that the detainee did nothing to provoke the stop and search?

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Law Offices of John Carney
Law Offices of John Carney | John Carney
The police often search people without probable cause, and an attorney can contest the search as being illegal and have the drugs suppressed. Feel free to call anytime for a free consultation.
Answer Applies to: New York
Replied: 12/2/2010
Law Office of Raymond J. Dague, PLLC
Law Office of Raymond J. Dague, PLLC | Raymond J. Dague
A cop must have probable cause (or as they say under New York law, reasonable cause) for a stop and frisk, or the results of the frisk will be dismissed. He might get arrested, but unless at the suppression hearing the cop can articulate why he searched this guy, the judge should suppress the pot and dismiss the charges.
Answer Applies to: New York
Replied: 12/1/2010
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