Legal Advice Needed

[ScReW50]

My friend and I were walking to his garage when 2 undercover police officers drove by and looked at us. As soon as we went in his garage the cops came back and were yelling at my friend to open the door.as soon as my friend opened the door the cop said he smelled marijuana andwalked in. The officer saw some marijuana crumbs and seeds and then proceeded to search us. I had a bag of weed in my pocket that he found. I'm 18 and my friend is 17 and we live in nebraska. The police then arrested both of us and put me in jail all night and took my friend to the police station and let him leave that night. The second officer that came to the scene after the undercovers said that he didn't smell anything.It was impossible for them to smell weed because we had only been there for 2 minutes before they came in. We are both being charged with possesion less than an ounce and drug paraphernilia. The police told me that I was arrested because this was my second offense. My prior offense was in April this year of the same charges. Was it legal for them to come in my friend's garage without a search warrant? Did they have the right to search me or my friend? Even if it was my second offense did they have the right to take me to jail for the night? If you could help us out it would be much appreciated.

 

[HomeGuru]

That's the trouble with you kids wasting your time smoking pot instead of researching the applicable drug search and seizure laws.

 

[calatty]

On these facts, there is a question whether the search was legal. It would be difficult for someone driving by in a car to smell marijuana in a garage anyway, but if you just walked into the garage and weren't smoking it, it would be impossible. If they did not have a legal justification for entering the garage, then whatever they found was illegally found. However, what really happened is one thing, and what they police might say happened is often another. If they did have grounds for entering the garage, after seeing the seeds they were entitled to search you since seeds are illegal. Your attorney will determine whether s/he should make a motion to suppress the evidence after reading the police report. Generally it is okay to take people to jail for violating the law.