Drug Crimes, Substance Abuse defanse

[pablo]

On 2/26/14 around 07:45 pm I was pulled over on the i95 heading north for speeding by a unmark trooper he walked up to the passinger side asked
For license and rental papers returned 10min later with back up said he smells weed witch gives him right to search the car my passinger told him he had smoked weed before getting in the car he still searched the whole body of the car found nothing then searched the trunck found 89 pills of perks I'm being charged with possissoin offred me 60days jail time and this is my first time getting in trouble with the law

 

[Betty3]

I don't see where you came right out & asked a question. However, you need to talk to a traffic law attorney to help you get the best outcome possible.

 

[mightymoose]

Surely you have obtained some kind of legal counsel, either privately or through the courts. You will need to discuss this with that attorney and focus on the officer's search of the vehicle. There are a number of variables that we don't know, but your attorney will have access to the police reports to know what you are up against.
I suspect that, knowing there was no marijuana in the car, you likely gave the officer permission to search the car. If so, you are on the hook. If you did not at any time consent to search then a legal argument against the officer's search of the trunk might get the evidence tossed.
The officer's search of the driver and passenger area is likely reasonable under the circumstances you give, but trunks and locked containers are treated a bit differently. If you consented then you removed all obstacles the officer might have had.