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