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General Practice - Traffic Law - Drug Crime Basics

  Page 5 of 23

I got stopped by a traffic cop for a busted tail light and then, without my permission, he searched my car and found pot in the trunk. At the hearing he said he knew I had drugs because he saw seeds on the floor and they were in "plain view", but the drugs in the trunk weren’t. Can a lawyer get the drugs excluded from evidence as illegally seized?
Not if you assume the fact that he did see the seeds. That would give him "probable cause" to search for drugs elsewhere. But did he seize any seeds from the floor to mark into evidence? Do you dispute his claim that there were seeds on the floor? If so, your lawyer might attack his testimony on the lack of physical evidence. In addition, there is the issue of whether you KNEW the drugs were in the trunk.

You should see a lawyer. Any drug case has many issues that can determine whether you get convicted or the case dismissed.

(Updated December 5, 2007)
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