Legal Question in Criminal Law in Illinois
marijuana possesion
I got stopped in a traffic stop two officers started searching my vehicle one went back to his car twice returned to my car to finish the search the second officer searched the same area the other officer did eventually one marijuana seed was found is this acctually persacutable?
1 Answer from Attorneys
Re: marijuana possesion
Hello. The issue is whether the police officers had probable cause to search your car, if you did not give them permission to do so. Assuming that the office of the state's attorney decides to prosecute you for possession of marijuana, the court will initially hold a probable cause hearing. This first step is where the court determines whether the state has enough evidence to proceed further. If the court rules that there is probable cause, a defense attorney will then have the job of filing a motion to quash your arrest and a motion to suppress the evidence (the marijuana seed) on grounds that the evidence (the marijuana seed) is the fruit of an illegal search. This can be complicated so I do not suggests that you attempt to represent yourself. Will be happy to discuss this further and in more detail.
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