Legal Question in Criminal Law in Arkansas

My son was passing through a small Arkansas and was stopped by the deputy for speeding(42 in a 35) and just gave him a warning but asked to search the car. My son said ok. The deputy removed speakers, door panels etc. Searched the trunk and engine and could not find anything. He then took tape and ran it over his carpet and said there was enough to charge him with pocession of marijuana with a fine of $1285.00 plus $94.00 to get his car out of impound. His court date is in Oct. Is this legal? Should we fight it? My son is only 19 and is white; but he dates a black girl from this town. The deputy was white and asked him where he was coming from and he told him and the deputy knew the family and that they were black.


Asked on 9/10/09, 1:54 pm

1 Answer from Attorneys
Brandon Moffitt Moffitt & Phillips, PLLC

The basic question of whether the deputy may search the car revolves around consent. You son gave consent to search the car, so the deputy had permission to conduct the search. Based on your facts, you son may defend against the charge based on the amount of marijuana found. Since most criminal defense cases are fact dependant, I would suggest that your son visit with a qualified attorney about his case. Feel free to contact my office.

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Answered on 9/10/09, 3:06 pm


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