Legal Question in Criminal Law in Ohio

Minor with Possession and Curfew

The other night, my friends and I were just hanging out. The police pulled us over for ''suspicious activity.'' It was past curfew, and due to this I, under 18, was asked to step out of the car to be searched. During the search, the police found my bag of marijuana. My friends were also searched, but they had nothing.

First question: Since it was a female officer who searched me (I am male) and she gave me no oppurtunity to ask for a male, can I get the charges dropped?

Second Question: Is the ''suspicious activity'' mixed with curfew charges grounds for search and siezure?

Third question: Whats the worst that could happen to me?


Asked on 11/12/07, 8:30 pm

1 Answer from Attorneys
Richard Cline Office of the Ohio Public Defender

Re: Minor with Possession and Curfew

The fact that it was a female office makes no difference at all. The only question is whether the police had the right to stop the car in the first instance. If so, then the rest flows logically from the stop and you must face the charge. If not, you may be able to suppress the marijuana from evidence.

There is no way to evaluate the issue without fully reviewing the facts of the stop. You should either hire an attorney or get counsel appointed for you. A drug charge, even possession of marijuana, can mess up college, so don't take a chance with this one.

Sincerely,

Rich Cline

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Answered on 11/13/07, 11:21 am


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