What if police lied about odor of marijuana
Автор: Ryan Pacyga Attorney
Загружено: 2021-01-23
Просмотров: 170568
Описание:
If police smell the odor of marijuana when they pull you over in a vehicle, many states permit the entire car to be searched, even without your consent. For this reason, some police officers will lie about an odor of marijuana. They know that if they lie about the odor of marijuana, many times they will get away with it and then they can search the whole car, without your consent, and without a search warrant (there are some exceptions in some states that only permit them to search the interior compartment and not the trunk).
But what if police lied? How can you prove it? After all, isn't the judge going to believe a police officer over a criminal (or someone accused of a crime)? In this video, criminal defense lawyer Ryan Pacyga tells the story of a client charged in federal court with Felon in Possession of Firearm, Armed Career Criminal. He was charged under Title 18, United States Code, Sections 922 and 924.
In this case, my client was facing a mandatory minimum of probably 15 years in prison. I became convinced that the police officer was lying about the odor of marijuana. We took the extra steps of getting additional evidence, recordings, personnel records, and even examine the "blunt" the officer claimed. It ended with the DISMISSAL of the entire federal case. This video tells the story.
A couple tips for you:
1) if you are smoking marijuana, or smell like it, or the odor is still in the car, you can expect police to search the whole car if you get pulled over.
2) Even if you aren't smoking marijuana, do not leave any little bit of it in the car if you used to smoke it (or your friends did). Otherwise, even if there's a false accusation that they smelled marijuana, if they lie about it and then find a little bit of seeds, stems, or sticks (shoutout to Dr. Dre and Snoop Dogg in "Still D.R.E. at 4:10 of their video: • Dr. Dre - Still D.R.E. ft. Snoop Dogg it will be very difficult for you to win on this issue.
3) As of December 2020, even if you have a medical marijuana card in Minnesota, you still will have your vehicle searched if you smell like marijuana because Minnesota only permits a pill, not smoking)
4) Do not consent to a search. I'm not saying get in their way and resist, that will get you in trouble and maybe beat up or worse. I'm saying tell them you do not consent. That way you can preserve any legal challenges.
5) make sure you get a lawyer that will look at ALL of the evidence and that will keep requesting more helpful evidence until you get it all.
6) of course, if you're not supposed to have a gun, don't have one!
At the end of the video, I talk about how important the Fourth Amendment is to the constitution. It must apply equally to all citizens, it protects everyone from unreasonable searches and seizures. I filed a suppression motion for my client, arguing that his fourth amendment rights were violated when law enforcement searched his vehicle without a warrant and without probable cause. I argued that the claim of the odor of marijuana was a lie. The case was dismissed just before the suppression hearing and the client was released from jail.
If you have any questions about illegal searches or seizures, vehicle searches, federal crimes or serious state crimes, feel free to contact Ryan Pacyga at www.ArrestedMN.com
Let me know if you like the video!
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