Legal Question in Civil Rights Law in North Dakota

A three sided seed?

I was being chased by another car on a dirt road and ended up in a crop field. I felt i didn't do too much wrong so I waited for the police to get to the scene. The police let the other party go, and kept me there. They asked to search my car and I said no. They detained me for four hours trying to get consent to search my vehicle and never did. Finally one of them thinks they see a marijuana seed in the floorboard with his flashlight. I still don't give them permission to enter my car, but they say now they don't need it. They considered themselves marijuana experts and said marijuana was the only three sided seed. So my car was searched and I was arrested with possession with the seeds and consumption because of the alcohol in the trunk. I think that should be an MIP instead of an MIC. But the point is I was kept there for a very long time basically with no reason before thinking they finally got a reason to arrest me....Do you think a lawyer could get this droped in court?


Asked on 10/26/00, 12:32 am

1 Answer from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: A three sided seed?

I think there is a serious question regarding the legality of the search, and the evidence may very well be barred from consideration as a result. No evidence, no conviction.

Being held for 4 hours raises more serious questions concerning police procedures, as that form of detention must surely rise to the level of an arrest, and from your post there appears to be a complete lack of probable cause to arrest or reasonable grounds to search.

Consult an experienced criminal lawyer in your area - references can be gotten from your local bar association.

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Answered on 11/16/00, 8:40 am


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