Stopped for seatbelt and found POT?

I was stopped recently for a seatbelt violation by a few police cars.I had one passenger in my grandmother's truck. They gave me a warning for the seatbelt then asked to search the car because of "drugs being brought into their town".I gave permission thinking that i had nothing to worry about.One of the officers then comes out with the end of a small cigar about 1/4" in length.One officer seemed to think it was tobacco while the other was persistant and claimed to have found a seed in what appeared to me to be tobaccoo me.I DO NOT SMOKE POT.(not because of legality but because it nausiates me) both my passenger and i were both given possesion tickets for pot and paraphenelia.i wasn't able to get a public defender because of the low severity of the crime .so my questions are : 1. How do i go about having the evidence tested (if it still exists) to see if it is even pot at all? 2. Was the search illegal since there was no probable cause such as smell even though i gave permission? 3. How do i do all this for free i don't have the $$$ to spend on a lawyer for being innocent?

If I understand your post correctly, you were given a ticket for the posession. When you are to pay the fine that goes with the ticket, check the box that says not-guilty instead of sending in the money to pay the fine. You will then be given a court date and I believe the burden of proof will be on the officers who will have to prove or at least show the evidence. You are innocent til PROVEN guilty in America!

Good luck!

I have plead not guilty but, I know from previous experience in traffic court that at least in North Carolina the "not guilty till proven innocent" thing doesn't always work that way (unfortunately). That is why I'm trying to see if there is a way to get the "pot" tested because it may be tobacco.It appeared to be tobacco to me and i know from friends who do smoke that u don't mix pot and tobacco when u make a blunt.Still though I have no clue who it belongs to because I don't smoke pot or cigars.If I did I wouldn't have given him permission to search. <BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Zoobie:
If I understand your post correctly, you were given a ticket for the posession. When you are to pay the fine that goes with the ticket, check the box that says not-guilty instead of sending in the money to pay the fine. You will then be given a court date and I believe the burden of proof will be on the officers who will have to prove or at least show the evidence. You are innocent til PROVEN guilty in America!

Good luck!<HR></BLOCKQUOTE>

When you go to court, the police will have to show the evidence to the judge. The judge will then determine if it is indeed POT or TOBACCO. If he is unable to determine what it is, he can order to have it tested. If it is in the Judges opinion it is POT, then you should at that time ask that it be tested. Right now, you have no access to the evidence, so getting it tested before the court appearancce will be difficult.

I have smoked both, and there is a NOTICABLE difference from pot to tobacco. If you are telling the truth, the judge will see that.

And did you ever watch those cop shows...people do give permission for cops to search their vehicles when there is something to hide. They think that by saying NO they will be looking suspicious. They get them selves in trouble that way. And, in the future....WEAR YOUR SEATBELT!!!