marijuana charge right or wrong

[sugarpuff]

What is the name of your state? New Mexico



A few weeks a go me and my boyfriend went to an open public place to eat some food while in my car. 20 min later a ranger drove up behind us, came up to the window to see what we were doing we said we were eating dinner.the ranger saw that we had just eaten. the ranger then continued to search our car with his flash light and saw a small lunch box next to his foot unnaware to the both of us. he asked us what it was and said politely just a lunch box. he then proceded to tell us to step out of the car and searched it he then asked my boyfriend to get the box and open it. we got cited for possesion of marijuana and paraphenalia.what do you think mught happen in court. he had no probable cause to think we were doing anything illegal and then did an unreasonable search do you think the case can be droped?

 

[I AM ALWAYS LIABLE]

What is the name of your state? New Mexico



A few weeks a go me and my boyfriend went to an open public place to eat some food while in my car. 20 min later a ranger drove up behind us, came up to the window to see what we were doing we said we were eating dinner.the ranger saw that we had just eaten. the ranger then continued to search our car with his flash light and saw a small lunch box next to his foot unnaware to the both of us. he asked us what it was and said politely just a lunch box. he then proceded to tell us to step out of the car and searched it he then asked my boyfriend to get the box and open it. we got cited for possesion of marijuana and paraphenalia.what do you think mught happen in court. he had no probable cause to think we were doing anything illegal and then did an unreasonable search do you think the case can be droped?

My response:

The search was lawful. He asked your boyfriend to open the box, and your boyfriend opened the box. The ranger would have needed a warrant to open the box, but since your boyfriend complied with the ranger's request, it was a good bust.

IAAL

 

[sugarpuff]

regarding that last info that someone posted for me. even though he opened the box didnt the ranger still go about it the wrong way, you know he had no reasonable cause to begin with does that even count, because he went up there with no reason to suspect and then searched before hand with his flashlight?before entering the car. what do you think might happen in court? is this a loose loose situation?

 

[calatty]

If the facts are as you say, the search may have been illegal. The flashlight search may have been okay because it was a plain view search, but that your boyfriend complied with his order to open the box does not constitute voluntary consent. Unfortunately, if you challenge the search, the officer will probably testify that he politely asked your bf if he would mind opening the box and your boyfriend said, Sure, no problem, or something like that.

 

[sugarpuff]

Thank you all for your advice. Th facts that i stated were true i did leave out one fact. when the officer asked what was in the box i said "My make up" then he said can i see, I told him "NO you can't" thats when he told us to get out and then told my bf "oh by the way get the box out and open it". he also stated " Of you had just told me what was in the box in the first place i would have just made you throw it out and let you go on your way" meaning he wouldnt have given us citations he alsoo said "Next time youll tell the truth" do i belive that never and i dont trust police as amuch as i dont like to say that.

 

[sugarpuff]

if someone could please anser my question from my previous posts on what they think mught happen in court not to mentoin i added one last detail that i forgot to mention previousley. or if anyone has any advise on what i should say. it would help alot thanks all.

 

[stephenk]

Regarding advice on what you should say, I say you should tell the truth. That way you wont be tripped up if you make up something hoping it will help your case.