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Was the police search and marijuana possession charge lawful if I was legally parked and only approached for trespass?

Alex, Esq.
Alex, Esq.

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There could be a basis to suppress the evidence found and that the search was illegal if they had no basis to approach the vehicle and it was legally parked. It would need to be known what the basis was for this affidavit and what it allowed them to do, if you were legally there and parked, and if you were indeed profiled.

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Can the police make contact about a criminal trespass affidavit if I'm not trespassing? I was only there for like 5 minutes when the police pulled up and came directly to me about the affidavit. The police said it smelled like weed so he searched the car and booked me for possession of marijuana.

Lexi

Lexi, Chatbot

I understand that this situation must be very stressful for you. Can you tell me how you were approached by the police and what exactly they said regarding the criminal trespass affidavit?

I was parked and the police came in and immediately cut off my car by parking directly behind me. He hopped out and knocked on my window, so I cracked my window to see why he blocked me in. He said the store has a criminal trespass affidavit and I can’t be sitting here, but I had just arrived. I tell him I just got here and I have no problem leaving. He then says, “Well it smells like weed, so can you step out of the car?” Then he searches the car and takes me to jail. There were so many other people that were there before me he didn’t approach. Charged with possession of marijuana.

Lexi

Lexi, Chatbot

Were you cited or charged with possession of marijuana at the time of the incident?

Yes, after being told about the trespass affidavit he went on to search my car and found weed and he charged me with possession of marijuana.

Lexi

Lexi, Chatbot

Is there anything else the criminal lawyer should know before I connect you? Rest assured they'll be able to help with your possession charge.

No.

Alex, Esq.

Alex, Esq.

This is Alex, Esq. I've been a legal expert on this platform for over a decade, and I'm here to help you understand your situation better. Let's work through this together.

Please note this platform is for general information for educational purposes only and does not constitute legal advice. Communicating with an expert on this platform does not establish an attorney-client relationship. It's always in your best interest to retain legal counsel if you have a current legal matter that you need help with.

Ok just wanted some advice and opinions.

Alex, Esq.

Alex, Esq.

Of course. Can you share with me where you were and what resulted in the police showing up? Was this business open at the time?

I was parked in a parking space by the store. They parked behind my vehicle and made contact about a criminal trespass affidavit. I told him I haven’t been here long at all and I was about to leave. He claimed he smelled weed which led to a search and marijuana possession charges. The business was open.

Any thoughts? There were multiple people outside that were clearly there before me. I feel I was being targeted because I got blocked in first as if someone called them on me personally, but I didn’t receive a criminal trespass afterwards.

Alex, Esq.

Alex, Esq.

There could be a basis to suppress the evidence found and that the search was illegal if they had no basis to approach the vehicle and it was legally parked. It would need to be known what the basis was for this affidavit and what it allowed them to do, if you were legally there and parked, and if you were indeed profiled.

Thanks. I read that this program doesn't allow police to approach legally parked vehicles.

Alex, Esq.

Alex, Esq.

If they do not allow for it and they have no legal basis for it and you were legally there, a motion to suppress could be filed.

Alex, Esq.

Alex, Esq.

58,457 satisfied customers

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Alex, Esq.
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