While staying at a hotel for work purposes, I was attempting to exit from an actual entrance to the hotel. There were no signs indicating it was a entrance.. and not to exit from the area, so when I realized what I was about to do.. I turned around and proceeded to exit from the correct area. All the time... this was done in front of a patrolling officer. While exiting the property, the officer got behind us.. then proceeded to pull us over. I had a small amount of Marijuana in my pocket.. which the officer was able to smell upon approaching the vehicle. He then explained that we were coming from a hotel known for drug and prostitution purposes... which indicated to me the reason for pulling us over. Should I fight this case (profiling/ illegal search) or give in to the charges
You're only going to get one answer on a website of lawyers: Fight it.
Fact is, that's the only reasonable answer because the long-term implications of a conviction can be profound when impacts on employment and other areas of life are considered.
The facts of your case presented on the surface appears to be an illegal search. The only thing that worries me about what might hurt your chances of winning is the fact that you attempted to go out the actual entrance. I believe that this will be the reason you would lose. However you can do a suppression hearing without doing a whole trial and if you lose at the suppression hearing you could still take a plea later. The plea may not be as good as it would be before the hearing, but I'm sure it would be better then a conviction at trial would be. Now my answer would change if two factors were added to the equation 1) the cop state you committed a motor vehicle violation and or 2) the cop states he saw you put something in your pocket or that your hand was going in and out of your pocket.
Yes. You should fight it. There is always more to a case once you receive and review all the discovery. Take advantage of a free consulattion and discuss this with an attorney. A criminal record stays with you forever.
The search appears to violate the Fourth Amendment to the United States Constiltutuin that it be reasonable. This means there was no search warrant and there was not probable cause to believe you were committing a crime. How could he actually smell something in your pocket. Get a lawyer.
James Alexander AbateDUI / DWI AttorneyWestfield, NJ ·
You should retain counsel and once they know all the facts, they can advise whether to seek suppression. Chances are that the officer can sustain the stop based on careless driving. Police are permitted to profile, so long as it is not solely based on race or other protected characteristic. You don't say whether you consented to the search. Based on State v. Rodriguez, if the officer threatened to " bring out the dogs" to obtain your consent, the search may be ripe for suppression.
Either way, you face criminal charges and should proceed accordingly.
Alexander O BentsenSocial Security LawyersStaten Island, NY ·
You should retain an attorney to review all the facts and circumstances of the case. There may be relevant issues you are not thinking of that a lawyer would see. The search may be sustained if you looked to be nervous, on drugs and going out the wrong door. However, did the officer sit there, wait until you got in the car and then pull you over for no reason as a pretext because he wanted to do a search you more easily? That could suggest lack of cause to search prior to when you got in the car--especially since you mention being charged for marijuana, but not being under the influence. And you do not mention being cited for any traffic infractions.
There are a number of things that affect the case. You would be best served being represented by an attorney.
Consult with a criminal attorney, let the lawyer get all the facts, then follow the advice - if you waive counsel and plead out you will regret it down the road
Always fight it. If just being at that hotel is the reason they will rely on, then everyone who goes to that hotel is a suspected criminal. There is no individualized suspicion of any wrongdoing other than being there. Bad stop.
