Legal Question in Criminal Law in Georgia

misdemeanor marijuana parapharnelia
My husband got into a fender bender on private property.An off duty sheriff std that the police had to be called. The other driver left and didn't want to file a report. however, they wouldn't allow my husband and his acquantince to leave. when the pd arrived they demanded my husbands friend to give his id even though he was not in the car during the accident. the friend gave the id and his name was cleared. he then left walking. the officer then without saying anything to my husband began searching his car and found a small bag and two small seeds in the cornor by the door of the car. my husband asked him why he was in the car. the officer became irate. he then arrested my husband for misdeameanor marijuana/parapharnelia. my husband didn't consent to a search and an accident report was never filed. does my husband have a case for illegal search and seizure?

Asked on 2/03/09, 12:17 pm

Martin Hilliard Martin G. Hilliard, PC

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Re: misdemeanor marijuana parapharnelia

yes he does..... it was not a consensual search and a motion to suppress should prevail...he had no pc to search

mgh

Answered on 2/03/09, 6:43 pm

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