Pulled over - signing ticket - What happens next

[txscrewed]

OK...I was pulled over for traveling through a yellow then red light. I signed the ticket and agreed to appear in court. Then the deputy said "i smell marijuana" and searched my truck. I had a very small amount on me. I was arrested for possession (2 grams).

My question is: Was the stop technically over after I signed the ticket?

 

[seniorjudge]

Q: Was the stop technically over after I signed the ticket?

A: No.

 

[txscrewed]

Apparently that is the defense my attorney wants to use. I didn't think it was too solid...Thanks for your response.

 

[seniorjudge]

Apparently that is the defense my attorney wants to use. I didn't think it was too solid...Thanks for your response.

Maybe he wants to give the judge a good laugh.

 

[CdwJava]

Well, yes, the previous contact was over once he handed you the citation. However, if the officer developed additional suspicion to justify a further detention, and probable cause to justify a search, then he can take the appropriate action on his observations.

I think the attorney is just shooting for what he can. if he can successfully argue that the detention was unlawfully prolonged without cause, then the search may be tossed out. But, if the officer articulates that he smelled the marijuana when he handed you the citation, then that will likely be a separate incident and sufficient to justify a new detention.

- Carl