Legal Question in Criminal Law in Florida

first degree mis.

im a 30yr. old mother of 3 had a clean record been pulled over only once thur out my driving years. the other nite i got pulled over for rolling a stop sign is what the officers said i had handed the officer the wrong papers as i reached to get the correct one the other officer screamed for me to hand him my purse he was pulling his gun out i let them now there was a little pot. they then arrested me and searched my car my shoes and my cell phone even answered my cell phone after paperwork was done the released me with a court date that said suspious activity in my purse and approx. 2grams of mari. I am very worried what should i do or expect from this incident i do live in florida. thank you so much for taking the time to read this


Asked on 5/21/09, 1:28 am

2 Answers from Attorneys
Kendall Horween Kendall L. Horween, P.A.

Re: first degree mis.

An officer can not search you simply because of a traffic stop for an infraction. You should have a police report. Take a look at it to see if the officer is claiming that he smelled the odor of cannabis or marijuana coming from the car. This can allow an officer with some training and experience to have probable cause to search you, your car, and items within. If the cop is not saying this then it sounds like a bad search and probably even a civil lawsuit. Even if cop is saying it, you can contest it in court.

Given your lack of record you should only expect a fine or maybe a little probation for this.

Best wishes.

Kendall Horween

Kendall L. Horween, P.A.

1211 Orange Avenue

Orlando, FL

32789

[email protected]

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Answered on 5/21/09, 7:07 am
Valerie Masters Valerie Masters, P.A.

Re: first degree mis.

I recommend you hire a lawyer to challenge the search. Even a small case like this can have long lasting consequences if handled improperly.

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Answered on 5/21/09, 7:24 am


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