If you are merely being pulled over for a traffic infraction or erratic driving, the officer might not have a valid basis to search your vehicle. In this situation, the key is not to provide the officer with probable cause to conduct a search or an arrest.
Do Not Provide Incriminating Information: Generally, you should avoid volunteering any information that could be incriminating. While you should be polite, the less you say the better. Because it is not always easy to determine what information might be incriminating, short concise answers are best.
Keep Marijuana Out of Plain View: When a police officer has sufficient legal cause to stop your vehicle, he can seize contraband like marijuana that is in plain view inside the passenger compartment of the vehicle. Generally, the officer cannot search your trunk if you are merely stopped for speeding or some other minor traffic offense. The key is not to provide a legitimate basis for the officer to search your vehicle.
Refuse to Consent to a Search: The officer might request permission to search your car, but you should never provide permission. Even if the officer has no valid legal grounds to conduct a warrantless search, consent can cure other legal deficiencies preventing a valid search. Admittedly, the prospect of saying no to an armed police officer with the power of arrest can be daunting. However, the decision to say no can mean the difference between going home and going to jail.
Tampa marijuana possession attorney Marc A. Joseph provides aggressive defense to all drug charges. For a free consultation, we invite you to call us at (813) 234-6374, so we can start fighting for your future.