Legal Question in Criminal Law in Missouri

My question involves criminal law for the state of: Missouri

I was in the car with my friend while he was driving, he got into an accident and back ended someone. The police came and told us all to step out of the car for the search. I continually refused search but they told me I had no choice but to step out and to be searched and that it was a lawful order. I was found with 5 grams along with a pipe after the search. I was put in cuffs while awaiting for my court summons to be issued. After the officer got the pipe and weed, he did not search my shoes. Then another officer later searched my shoes but nothing was found there. They claimed they smelled marijuana.

Was wondering, since I continually refused search and this is my first offense of any crime, what is the chances of it being thrown out or reduced? I'm 19.


Asked on 2/20/14, 8:45 pm

2 Answers from Attorneys
Sean Santoro Santoro Law Office

An officer can search someone if the officer has a warrant, or has permission, or has observed said person commit a crime and the defendant is under arrest, or if there is some sort of emergency and the officer had to search someone to prevent loss of evidence. None of these things apply here. The search was illegal and the evidence should be suppressed. You should contact a lawyer who may file a motion to suppress this evidence. Feel free to contact me if you want to discuss this further.

Sean Santoro

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Answered on 2/21/14, 6:41 am
Michael R. Nack Michael R. Nack, Attorney at Law

It is possible for the evidence to be suppressed, but the cops will testify that they smelled marijuana which gave them probable cause to believe a crime was being committed (possession). It may still be possible for you to avoid a conviction, and it is crucial for you to do so. I have handled hundreds of these cases over the last 36 years, and I may be able to help you. Feel free to contact me directly.

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Answered on 2/21/14, 5:19 pm


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