My friend was pulled over and jailed a month ago for a child support warrant. He paid up,and was released. Just last week, there were 4oz. Of marijuana found in that area where he got pulled over... a warrant was issued for him for felony possession. Is this legal ? Isn't there a statue of limitation for adding charges to that particular arrest? How can they accuse him of having these drugs? He said that they did search the car at the time of arrest and impounded the vehicle(which was released to him upon being released from jail on the child support warrant... what?how?why?

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Originally Posted by oboihill

Is this legal ?

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Hello obo:

It's certainly legal for them to charge him. They didn't violate his 4th Amendment right against an illegal search, because they found the dope on the ground.

The KEY is whether they can link the pot on the ground to your friend. If they can, then your friend is going down. A fingerprint on the baggie will do it.

Now to your other question about whether it is a crime to charge your friend with a felony for four ounces of marijahoochie, even though it was legal for them do to so. Yes, in my view, your friend is a VICTIM of the system, and THEY are the ones perpetrating a CRIME against him.

excon