Drug Crimes, Substance Abuse Possession of Marijuana

[lawlauren]

My boyfriend was driving his car with his friend, he hit a pot hole and got a flat tire. He signaled to the shoulder, put on his flashers and began getting ready to change his tire. A police officer then pulled behind them to see if everything was alright. He then asked for both of their Id's. Upon reciving those he found that the passenger had an outstanding warrant and he arrested him and he was put in the back of the cop car. The cop then came back to talk to my boyfriend, told him to stand by the bumper of the cop car. The cop then searched my boyfriend car and found a gram of marijuana which had belonged to his friend, but since it was my boyfriends car, he got the pocession charge.

We went to court yesterday where we were appointed an attorney. After explaining the situation to her, she feels that my boyfriend may have been illegally searched since the cop never asked to search his car etc...My boyfriend has no other prior convictions or anything else on his record. He is a first time offender. We are going back to court in April for an evidentiary hearing.

Also...on another note, my boyfriend has planned on enlisting in the army for quite sometime even before this happened, and this charge has and will delay or not even allow him to enlist since he cannot have any open law issues while in the army.. so we were hoping that might help the judge make his decision too since he is trying to move on with his life and not get in trouble.

Anyone shed some light on this case for me? Tell me what my boyfriends chances are or any other advice? Thank you!!

 

[CdwJava]

That depends on whether the state can justify the search. if it was a search incident to arrest and within the lunge distance of the arrested passenger, then the search will likely be good. However, there is likely built in reasonable doubt as to the ownership of the dope ... depending on where it was found.

- carl

 

[shel1]

Not sure what state your in but from my perspective i beleive the cop would have to ask him if there is anything in the car that should'nt be and he would have to ask if he has permission to search it that i know .But also on the other hand since his friend was arrested and if he has prior drug convictions that gives the officer intent to search the vehicle wether it is his car or your boyfriends.That's what is scary even if he don't do drugs and his freind put that in his car ,it is your boyfriends car and the only way out of it is for his freind to admit it was his stuff.Im sure he will come out ok as long as he is clean.