Legal Question in Criminal Law in North Dakota

Hello,
I'm 19 and received a MIP for alcohol on August 31-Sept.1. I didn't have my actual court date till January 5th to get charged with the fine and got put on 6 months probation. April 13th, without any warning or doing anything wrong, had 6 policemen came into me and my roommates apartment with a search warrant and tore everything apart in search of a mass amount of marijuana?? apparently someone or an officer "smelt marijuana" from the general area of our door while in the hallway of the complex and it was enough to get a search warrant to raid the place. They found my roommates and girlfriends paraphenalia with rez inside. Even though none of these items were mine I'm still liable for having that in our apartment and now looking at a class A misdemeanor. We're trying to get the case thrown for an "unlawful search" due to insufficient probable cause. If this doesn't turn out like that, is my MIP of alcohol going to come into effect when we go to trial for this when I didn't have anything in my possession?

Asked on 4/15/10, 9:01 am

Ross Brandborg Brudvik Law Office

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0 attorneys agreed

The odor of Marijuana is probably enough to get a search warrant.

If you plead your Minor in Municipal Court it is unlikely they will have any knowledge of what is happening in the District Court.

Answered on 4/20/10, 9:24 am

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