Legal Question in Criminal Law in Minnesota

Not necessarily, the cop has the choice of whether he issues a citation for the air freshener or not.

I've handled cases in the past with a similar fact pattern. In the past, I have argued that the detention was prolonged illegally without justification, that the detention was unreasonable under the circumstances for asking the driver out of the car, that there was no probable cause to search, no valid consent. Much will depend upon the specific facts, which you should review with your lawyer.

Thank you for the email.

A fifth degree possession charge is a serious felony and carries with it imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both. If you have a prior conviction the sentence can be even more serious.

Obviously, there are many defenses to the charge. Certainly, a significant issues is whether or not the officer had an articulable, reasonable suspicion of a particularized criminal offense in order to stop your vehicle. An air freshener does not significantly limit viaision and the stop made by the officer was for an obstructed view. Often such stops can be exposed as pretentious. The officer must also have a greater suspicion to proceed beyond the stop for the obstructed view. That may also be the basis for a challenge.

If there is no reasonable suspicion any evidence seized after the stop would be the product of an unlawful search and may be suppressed.

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