what are common ways attorneys win on Probable cause?

Question

Tag light was out when pulled over? Claims he smelled marijaua

Answer 1

You're lucky it's Labor Day Weekend, my kids are in bed, and I don't feel like actually working.

After entering a not guilty plea in a criminal case, the defendant has the opportunity to challenge the evidence which the State (prosecutor) has gathered. If the criminal charges arose following a motor vehicle stop, many defendants will claim that the police officer did not have a sufficient basis to stop the vehicle. In your case, it sounds like you were pulled over for an equipment violation. Since the "tag light" or license plate light was not functioning properly at the time you were pulled over, your chances of challenging the stop are not very good.

However, the US Supreme Court and state courts have imposed limitations on police officers during traffic stops. They cannot unjustifiably detain you once the purpose of the stop is dealt with. In other words, once they issue you a warning or citation for the light being out, they must let you go unless they have reason to suspect you of an additional crime. The US Supreme Court has decided that the odor of marijuana justifies not only detaining a motorist, but also constitutes probable cause to search the entire vehicle without a warrant. Most states follow this ruling. However, states can provide additional protections to their citizens beyond what the Supreme Court dictates. And some states have. My state does not. I don't know where your incident occurred. In any event, it is not likely that you would be successful in challenging the expansion of the stop.

Often defendants challenge probable cause for the charge itself. This is very different from challenging probable cause to search a vehicle/house/person. In your case, I assume that the officers discovered MJ and charged you with possession because you were the registered owner of the vehicle (From your prior question, I ascertained that you were not the driver). If that is the extent of it, it does not make a great case for the prosecutor unless some statements were made to the officers regarding the ownership/possession of the MJ. It is also unclear exactly why you were charged with Intent to Sell. Normally, that is charged based upon either weight, packaging, or statements made by the suspects/witnesses.

This is where a defense attorney could be very helpful for you. That attorney could challenge probable cause for the charges as well as seek suppression of any statements made at the scene which would link you to the MJ. Since I do not know the particular facts of the case, that is about as helpful as I can be.

Answer 2

You're mixing up issues.

Probable cause is the standard police need to make a stop or arrest. A stop can be based on any violation, including something as trivial as a tail light. And disproving what the police officer smelled is almost impossible, especially if drugs were found in the car.

What the defense lawyer can do is try to get the evidence excluded, but that is an uphill battle.

Answer 3

Was your tag light out? Here's the bottom line. Each state has a set of law. Those laws typically include elements of the offense. If the police officer met the elements of the offense then PC existed. If not then the attorney stands a good chance of getting a dismissal.

Answer 4

An attorney can have a case thrown out on probable cause( WIN) if he can prove a police officer fabricated the reason for their action. A police officer has a legal obligation to follow the rules of their jurisdiction and an example of abuse of probable cause would be for an officer to demand entry into a residence, through intimidation gain entry, and find contraband not in plain view without a search warrant and without permission to search.