Nevada Man's Marijuana Charge Dismissed due to Police Error
A forty-eight year old man who was originally charged with felony possession of marijuana in Wyoming had his charge dismissed due to police error. The arresting officer had pulled him over for a turn signal violation, which is when the officer found the marijuana. But because Wyoming law is ambiguous regarding turn signal rules, the officer acted illegally by pulling him over and searching the car.
The Nevada crime of marijuana possession makes it illegal to possess any amount of marijuana even for personal use. A person is in "possession" even if the marijuana is not on their person--it can be in their car, in their home, or in any location the defendant exercises control over. Defenses to marijuana possession include lack of knowledge that the marijuana was there or that the police found it through an illegal search.
Penalties for the Nevada crime of marijuana possession depend on the amount of pot and the defendant's criminal history. A first offense of the Nevada crime of marijuana possession of an ounce or less is only a misdemeanor that usually carries no jail and small fines. But a third offense of possessing more than one ounce is a category D felony carrying up to 4 years in prison and thousands in fines.
For more on this story go to: http://www.foxreno.com/11at11/28597755/detail.html
To learn more about consenting to a police search of your car in Nevada, go to:
