Legal Question in Criminal Law in Illinois
Drug possesion
I was going camping with a couple of friends. We got pulled over for speeding in a state park. the officer searched the car without asking and found a bag of cannibis and four or five pieces of parifanialia i was not aware of any of this they found nothing on me and the things they found were not even near me i got possesion of both cannibis and paraifinialia can i get out of this charge?
1 Answer from Attorneys
Re: Drug possesion
As you relate the facts, the officer has neither probable cause, nor consent to search the vehicle. A minor traffic ticket is not an arrestable offense, therefore the discovery of the cannabis and paraphenalia are subject to a motion to suppress. If that motion is successful, then the evidence is thrown out, and the case will likely be dismissed. You need competent counsel to handle this matter.
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