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Old 07-06-2004, 09:22 AM   #1
nckster
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Default Arrested without possesion-corruption

Well i got to go to court next week.I thaught u could help me out well this how the story goes.I am riding around in my friends car which we were smokin in earlier that night.Me and the driver had put his stash in his trunk via the center console in his backseat which is where i was sitting b/c my other friend had been riding shotgun.Remember this stuff doesn't belong to me or was in my possesion at the time.Now leaving this gas station we were at.Then we were pulled over about a 2 blocks away from the gas station.The cop pulled us over for some bull**** b/c of the light around his license plate was out b/c hes missing a outer part of his bumper b/c of accident.The cop approached the car asked for the driver for the usual stuff and asked for everyone else for their I.D's.After i gave the cop my I.D he asked the driver for him to step out of the car.
As soon as the driver started to talk to the cop he started to shake while the cop was talking to him.Cop asked why his car had smelt like marijuana and asked him that if he would give it up where it was he wouldn't get into trouble.The driver told the officer it was in the back.I assume this when the driver braught my name into this ordeal.Now the cop opens up the back passenger door pulls me out of the car saying " better not see u drop anything" acting like a hardass.Throws me up against the car harassing me and frisking me looking for something to bust me with.He comes up empty
handed after searching my shoes,taking off my socks,and wallet which he took from me.The officer was askin me questions while he was seachin me like what do u know about this pot in the trunk.car.Which he has not even searched the car yet and is already accussing me.
Officer was questioning me accussing me that i put something in trunk and if i knew about pot in the trunk.I responded to his questions by saying "I have no clue what going on","I have no idea what your talking about","I have no clue this isn't my car",etc.The cop was trying to scare me by saying if u don't coperate i am going charge u with interfering with an investigation (lieing).Bringing up bullcrap allagations about if he finds anything and if they find my prints on the bag i can be charged with contempory possession.I denied the whole thing he called me smart ass and said he was gonna to take me to jarf(an intoxication place for minors where they detox u for 3 days) and put me in the back of his police car.
Now the cop started to question my friend which was sitting in the front seat.He told the cops exactly what i said.Obviously the cop treated him different and presumed he was inocent.Another cop car pulled up and helped search the car the cop found weed in the back of trunk via the back seat console while tearing my friends car apart and finding blunts(cheap cigars used to roll marijuana) in his center console and ciggarits which had no wrapper on the box which my friend(front seat passenger) claimed were his so the cop would confinscate them b/c he the only legal adult in the car.After the cop found the weed he asked permission for my friend to open his trunk.The officer found his pipe in another place in the trunk(under or around the spare tire).The officer then began to start to talk friends while at one point started to smile and laugh.
According to my friends he was jokin around saying lines from super troopers "speeding and,speeding and (marijuana joke)" if you are familiar with the movie u will understand.The cop also pointed at me 2 times with a grin on his face looking like he was using me as an example of me some sort.He braught all the evidence back to the car and made me step out of the car and cuffed me and read me my rights.He then left my wallet on the the back of his car i think while he put me back of his car.He then let my friends off scott free letting them drive home high b/c my the driver openly admitted to the cop he had smoked that night.According to my friends the cop was joking around with them before they were aloud to leave and the cop said as a joke "get lost and go buy more if u would u like".Now the crazy thing i was only charged with marijuana possession and no one got charged with the pipe which he had confinsicated and blamed on me.]

Here are some the questions

1.What were the illegal procedures the cop did?
2.Will they fingerprint the bag?
3.Did the cop have reasonable doubt to arrrest?
4.What are my chances of me winning in court?
5.Should of i hired a lawyer in this situation?
I am a 17 year old from florida and hired a lawyer already with no pass record thx i aprreciate all the friendly knowledgeable people who make this forum such a great place thx again
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Old 07-06-2004, 11:30 AM   #2
Hiz Highness
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How much was in the bag? In Florida, anything under 20 grams is considered a misdemeanor according to NORML:

http://www.norml.com/index.cfm?wtm_view=&Group_ID=4530

If you had more than that I would definitely suggest a lawyer, since you don't want to be facing felony charges without someone representing you. It's probably a good idea to have a lawyer anyway. Afterall, if there were three of you in the car I'm betting a lawyer could cast enough doubt on whether or not you were the one in posession that you might get off.

Good luck, don't let the man get you down.

-HH
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Old 07-06-2004, 09:05 PM   #3
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you mean they let the driver, and admitted owner of the pot leave and charged YOU with possesion? what assholes. i hope you kick their ass in court man.
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Old 07-07-2004, 07:30 AM   #4
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Lawyer lawyer lawyer and make sure they are competent enough to put the smack down on that cop. Cuz you are knee deep in cop bull****!
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Old 07-08-2004, 03:48 AM   #5
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Ok...........

The cop pulled us over for some bull**** b/c of the light around his license plate was out b/c hes missing a outer part of his bumper b/c of accident.

So far, perfectly legal.

Throws me up against the car harassing me and frisking me looking for something to bust me with.

He wasn't harassing you...he was doing what he was supposed to do. The odor of mj was probable cause to search the car and the people in it.

Which he has not even searched the car yet and is already accussing me.

He was ASKING questions (by your own admission). That's not an accusation.

Officer was questioning me accussing me that i put something in trunk and if i knew about pot in the trunk.

Which one? Asking or accusing? They are not interchangeable words.

The cop was trying to scare me by saying if u don't coperate i am going charge u with interfering with an investigation (lieing).Bringing up bullcrap allagations about if he finds anything and if they find my prints on the bag i can be charged with contempory possession.

That's not a lie. He could charge you if your prints were on the bag.

After the cop found the weed he asked permission for my friend to open his trunk.

He was being polite. There was no legal requirement for him to ask for consent, he already had probable cause.

According to my friends he was jokin around saying lines from super troopers "speeding and,speeding and (marijuana joke)" if you are familiar with the movie u will understand.

That's easy to believe........lots of cops thought the movie was funny as hell.

He then let my friends off scott free letting them drive home high b/c my the driver openly admitted to the cop he had smoked that night

Actually, it sounds to me like your buddy gave you up.

1.What were the illegal procedures the cop did?

I can't see a single illegal thing.

2.Will they fingerprint the bag?

They might. I would.

3.Did the cop have reasonable doubt to arrrest?

You're confusing your terms........reasonable doubt is for court. What they needed, and had, was probable cause.

4.What are my chances of me winning in court?

If they can show your prints on that bag, none.

5.Should of i hired a lawyer in this situation?

It can't hurt..........but I'm not sure how much it will help. It's your money.

you mean they let the driver, and admitted owner of the pot leave

I didn't see where he admitted ownership......just prior consumption. Maybe nckster can clarify that for us.

Than again, he only knows what his buddy is telling him...........if you gave up your friend, would you be completely honest about what you told the cops?
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Old 07-08-2004, 04:49 AM   #6
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Default

I agree with Niteshift. From the scenario and the information given to us, it seems very likely that the driver of the car had you take the fall. I saw where the others admitted ownership of the blunts and the cigs, but I didn't read anything about anyone claiming the bag of weed or the pipe.
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