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Questions Answered by Robert Johnston - Justia Legal Answers

• 21 April 2011Q: Can an officer issue a citation for simple possesion of marijuana if he stopped a person for no reason and no probable
  A: Legally, there must be probable cause for stopping a vehicle. Different courts handles these issues differently. Usually here in South Carolina it results in a Probable Cause Hearing, where probably cause for the stop is challenged and the judge rules. If the judge rules in the defendant's favor, the charge is usually dismissed. If the judge rules against the defendant, then the charge will continue.