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re: Per SI - Texas A&M WR Ainias Smith Arrested on Gun, Drug Charges
Posted on 7/20/22 at 12:34 pm to lsufball19
Posted on 7/20/22 at 12:34 pm to lsufball19
quote:
If his blood test comes back clean, everything will likely be dropped but the speeding ticket
Unlikely in Brazos County, unless his attorney can get the results of the car search thrown out.
Brazos County Texas today is harsher on marijuana possession than just about anywhere else in the US. And the marijuana possession is enough to make the UCW charge stick, since it would be a charge greater than Class C misdemeanor.
Which is why I'm focusing my discussion primarily on whether or not the search was legitimate.
1
Posted on 7/20/22 at 12:37 pm to Krampus
quote:
unless his attorney can get the results of the car search thrown out.
That's exactly what I would do. If failing a sobriety test, when the person actually was not intoxicated via alcohol or other intoxicants, was all that got them probable cause for the search, then I'd 100% argue the search was illegal, which would kick both the gun and weed charges. If in their probable cause statement they cited smelling weed, they they probably get away with the search being lawful.
This post was edited on 7/20/22 at 12:41 pm
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