I was parke din a parking lot listening to music with a friend when a cop came up and said he smelled weed and made us get out of the car. I didn’t tell him he could search the car but he did anyway and found a joint that we were smoking earlier. I think this was totally wrong. My record is good. I really don’t need this.
STATE: Alabama COUNTY: Dallas
One of the classic reasons an officer uses to search a vehicle is that he smelled marijuana or saw it in plain view. Smelling marijuana is subjective, but it is enough cause to search a vehicle. There may be some suppression issues with why he stopped you or detained you more than the customary time for a regular traffic stop. Also there seems to be a constructive possession issue if the marijuana was not found directly on your person. Like my colleagues have stated, if you have previously been convicted of a marijuana offense this charge will automatically be a felony, however within the last year a POM 1st charge has become a Class D felony and involves less sever penalties than it did 5 years ago.
Brandon J. Wooten, Esq
