Legal Question in Criminal Law in Minnesota

i am 17 years old. i picked up mj for ppl at a party. was on the way to the party. i had 4 bags. 1 with 14g. 1 with 1g. 2 with 3.5g. noticed cop was behind me. pulled into "community park" where a soft ball game was going on. exited my car and waswalking away from my car. cop pulled in didnot sound siren or turn on lights and made me get back in my car. officer had me there for 45 minutes and didnot smell of find a reason to search. then he said he was in the area for reported drug activity (wasnt me had just driven through the area) although my car didnot match the car described in the call they recived. i told the officer "you have had me here for 45 minutes and have found no reason to have any suspusion what so ever that i am doing anything wrong" the officer then looked for a visual reason to search by looking in my windows, windshield, sunroof, ect. couldnt find a reason. then he pulled me out and searched me i had 400 dollars on me that i aquired through chores and moeing lawns. the cop said "theres no mj in there huh?" and cuckeled then he all of the sudden "can smell it" and searches my car. he charges me with distribution in a school zone. which is a felony. calls my mom she didnt answer. left her a message. got in his car and left. didnt write me a ticket on the spot.


Asked on 5/26/10, 10:35 am

1 Answer from Attorneys
Landon Ascheman Ascheman Law

I assume that the officer found the mj in the vehicle.

What will happen at this point (in the vast majority of cases) is the the officer will write his report. That report will then be sent off to the Carver County Courthouse. The prosecutor will review the reports and determine if there is any reason to charge you. Based on the description of the events, there is a small possibility that the prosecutor will refuse to charge you based on the facts of the search. Most likely the prosecutor will decide to charge you and either a summons will go out to you, informing you that you need to report to the courthouse, or a warrant will be issued for your arrest.

It is very important in a case such as this that you consult an attorney who can review the police files and identify any and all violations of your rights committed by the officer.

Thank you,

Landon J. Ascheman, Esq.

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http://www.AschemanSmith.com

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Answered on 5/26/10, 1:56 pm


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