ctwalrus

ok so my friend just called me... he got busted with 2 oz of marijuana and a quarter oz of Oregon kush. not for selling he told me but he had it in seperate bags cuz thats the way he got it.

now the way he got busted is he was rolling a j of kush to try it out when a cop opens his door pulls him out searched him and his car, turns out they were expecting a drug deal!!!! however he was not who they wanted they just got lucky.
is this unlawful search in any way ??
and what is he in for? they say courts backed up so im guessing he could get it thrown out for not being quick enough (i read that in the constitution)
but its his first offense so best and worst outcomes ??

ughhh cops piss me off

troublemaker_42

If the cops observed him rolling a joint, its in no way unlawful. They saw him breaking the law, and took action. Why would this be illegal? if I was a cop and saw observed someone breaking the law, why couldn't I arrest them? I mean....thats what cops DO!! And the court syustem may be backed up, but that certainly doesn't mean your firned will get the case dismissed in this case. People have a right to a speedy TRIAL...most simple possession cases are plea bargined way before the point of a trial, and very few cases are ever dismissed becasue of this. Even as backed up as the court system may be, its doubtful this proivision of the Constitution will play any roll whatsoever. AS far as what kind of trouble he's in...ummmm....welll......theres ABNSOLUTELY no way of knowing remotely what he could be facing without knowing the state, the local attitudes towards marijuana by the courts, his exact charges, etc. Thers no generic answer for "How much trouble is someone in if they get caught with 2.25 ozs of marijauan in seperate baggies?" because theres FAR too many varibales involved



And...just a quick ? What on earth do you mean he had 2 oz's of "marijuana" and a 1/4 oz of "Oregon kush"? Wouldn't that just be ....2.25 ozs of weed?

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ctwalrus

well the marijuana is was just some mersh, low grade, and the oregon kush was well, kush so idk 2.25 oz of pot i guess

and the state is arizona and the city is tucson

Unriggable

I'm afraid the troublemaker is right. Even if the police are somewhat suspicious that something is going on in that car, such as papers on the dashboard or the smell eminating from the car, they have the right to search (they do need a reason, this is a reason). So to assume that somebody with the materials in their hands may be able to get off is nothing short of naive. Sorry to say it, but your friend is just another casualty in the unending drug war.

troublemaker_42

WRONG...it takes more than "suspicion" to legally search the car. It takes PROBABLE CAUSE to search a car without a warrant, which is a stricter burden to meet.

Probable cause - Wikipedia, the free encyclopedia

As for the potential trouble your friend may be in--It really depends if they push the issue of it being in seperate baggies or not. Possession of 2.25 ozs appears to be a misd in Arizona, but if they deem it was "fopr sale or delivery" the penalties jump to the felony level
Arizona - NORML

NoobMcGee

I don't know, if the dude gets a decent enough lawyer he might get it dismissed. Might. Speaking in purely hypothetical terms, if the cop just went and opened the door thinking it was someone else, isn't that unreasonable search. Lets say the cop didn't even see the dude rolling, just up and opened the door. The weed could have been ordinary rolling tobacco, I've known a few people who store there tobacco in a baggie.

troublemaker_42

Nope, no dice. From what I understand, the officersd WERE in the area scouting an alleged drug deal. however, just becasue they were there for an unrelated reason doesn't mean they cannot take enforcement action if they observe the law being broken right in front of them. If he was in the process of rolling a joint at the time of his arrest, chances are the cops had actually been watching him for a few minutes and had gathered everything they needed to make a valid arest. Its not an unreasonable search when the officers aren't searching anyone, but merely arresting someone they have observed breaking the law. Theres nothing in the OP that lead me to believe that the cops did anything wrong. I'm quite familiar with the law and its application. I have a BA in criminal justice and have worked in the criminal justice system up until a marijuana arrest made it difficult for me to continue to do so. Under these circumstances, its not very likely your friend will be successful in arguing that the search was unreasonable, when the officers were testify to the fact that they observed the suspect " sitting in his carrolling a cigarette with a green leafy susbtance, assumed marijuana and upon confronting this individual, the substance was indeed to found to be marijuana, and another 2 ozs of the substance was also found in his possession in addition to the bag discovered in his lap." (can you tell I've read one too many testimonies in my day?)

phuzz01

Okay, the police were doing surveillance in the area for an expected drug deal. Then, when they swoop in, your friend just happens to be there with 2+ ounces of weed packaged in separate bags? I don't believe for a second that "he was not who they wanted they just got lucky." I think he is exactly who they wanted, and they got exactly what they were looking for. Anyone care to take that bet?

Herbania

Arizona is pretty tough, well the toughest laws in the South West anyway. Sound like he's screwed. If he's willing to spend 3k+ on a GOOD lawyer, and actually kept his mouth shut once he was arrested, a good lawyer could probably get him a reduced sentence or probation if it's his first offense.Less if the cops made a mistake in processing the evidence and the lawyer is sharp. Public defender and he talked to the officer, expect a bad outcome.

NoobMcGee

Yeah after reading this I believe that's the case. Your friend got setup or you dealers are hot.

Anyways, chalk this up as a damn good reason not to smoke/roll in your car.