Legal Question in Criminal Law in Florida

Dot

My husband had a DOT check on his truck. When the the officer was done on the outside he asked to search the inside. My husband said no he wanted a search warrant. The officer told him that they would be waiting hours for that. Then told my husband that if he had a small amout of weed in the truck that he would write him a cititation. My husband proceeded to tell him were it was located. As soon as the officer found the joint he took my husband to jail. It was in front the his whole crew (boss and all). Needless to say the next day he was also fired. Not because he had a joint but because of the arrest. The charge was possion of less than 20 grams. My question is, are DOT officers able to lie to get someone to tell them what they want. Even if they have No cause for a search.


Asked on 3/29/07, 9:49 pm

1 Answer from Attorneys
Scott Cupp Law Office of Scott H. Cupp, LLC

Re: Dot

The search as you describe is illegal and the marijuana should be suppressed. His attorney should file a motion asking the court to suppress the marijuana which would lead to the case being dismissed.

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Answered on 3/30/07, 6:05 am


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