Legal Question in Criminal Law in Florida

Re: no id/possesion of marijuana

Before I answer the questions I first have to point out that you never have to consent to a search. Yes, police get "in your face" when you tell them no but it is YOUR RIGHT to be free of searches without a warrant. Stand up to them and for your rights.

What happens to your husband depends on many factors. It sounds like it was a misdemeanor amount of pot. If he has no priors he will most likely be placed on probation for up to a year and be required to have a drug evaluation and complete any recommended treatment. Additionally, he may be required to do a number of hours of community service. WARNING: If he is convicted of this offense he will lose his driving license for 2 years and he will not be eligible for a hardship license until after the first six months of his suspension.

What should he do? I suggest he hire an attorney to work this case out. It may be that the search was illegal -= if so the evidence will be suppress and the case will be dismissed. If the evidence is not suppressed, a good attorney will be able to work out a deal that minimizes the "hoops" that he will have to jump while on probation - maybe even keep him off probation completely.

No, it is not legal for a cop to come up to someone and just search them. However, what they do - in their "COPS" mentality - is approach you and write it as a consensual encounter. Then they ask to search you in such a way that they know you will understand the pressure they will place on you if you refuse. Once you agree it becomes an exception to the warrant requirement of the 4th Amendment thereby making it legal. (But don't think your husband's stop was legal, contact an attorney about the facts).