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Seelesauger · 09-11-2006, 02:06 AM

The reason I am posting this here is because it wont let me make a thread. My friend who is 16 was busted in june and recieved a date for adult court but got it transferred to juvenile court and hasn't heard a word since it was transferred. Is there anyway it was dropped? If it wasn't dropped is there a way he could get it dropped for like holding in contempt? When he was caught he told the officer not to search his car. Is there any explanation?

FakeBoobsRule · 09-11-2006, 04:21 AM

Quote:

Originally Posted by Seelesauger

The reason I am posting this here is because it wont let me make a thread. My friend who is 16 was busted in june and recieved [sic] a date for adult court but got it transferred to juvenile court and hasn't heard a word since it was transferred. Is there anyway it was dropped? If it wasn't dropped is there a way he could get it dropped for like holding in contempt? When he was caught he told the officer not to search his car. Is there any explanation?

Being held in contempt is almost never good for the defendent. Is that what you meant? Just because your friend says no to the search doesn't make it illegal. It seems like they always try to get premission so they can always fall back on that. Conversely, just because an officer searches a car doesn't make it a good search. Hopefully your friend has a lawyer.

Buzzby · 09-11-2006, 04:34 AM

Quote:

Originally Posted by Seelesauger

Is there anyway it was dropped?

Not very likely. The wheels of justice grind slow but exceeding fine.

Quote:

If it wasn't dropped is there a way he could get it dropped for like holding in contempt?

"Holding in contempt" is what the judge does to you if you act up in court. What has that got to do with this situation?

Quote:

When he was caught he told the officer not to search his car. Is there any explanation?

There are several situations in which a police officer can search a vehicle without consent. We'd need more details to determine if this was one of them. All the officer needs is a reasonable suspicion that a crime is being or has been committed.

Seelesauger · 09-11-2006, 10:35 PM

I had no idea what holding in contempt meant so never mind that. He was in a parked car and basicly the officer said he smelled bud but he was lying about that. He asked to search the car and my friend said no but he said he was going to anyway and found some bud. He does have a lawyer.

phuzz01 · 09-11-2006, 11:17 PM

Quote:

Originally Posted by Seelesauger

I had no idea what holding in contempt meant so never mind that. He was in a parked car and basicly the officer said he smelled bud but he was lying about that. He asked to search the car and my friend said no but he said he was going to anyway and found some bud. He does have a lawyer.

Let me get this straight: your friend had marijuana in the car, but you are sure that the officer was lying about smelling it?

How can you say that? For someone that does not smoke marijuana, it has a very strong and distinct odor.

Buzzby · 09-12-2006, 04:16 AM

Quote:

Originally Posted by Seelesauger

He was in a parked car and basicly the officer said he smelled bud but he was lying about that. He asked to search the car and my friend said no but he said he was going to anyway and found some bud.

1. Officer smells marijuana.
2. This provides reasonable suspicion that a crime is being or has been committed.
3. With reasonable suspicion he can perform a search.
4. The search is successful!

Now, tell me why a judge would believe your friend when he says that the officer didn't smell the weed? The successful police officer or the pothead trying to slide out of a bust?

1tokeovertheline · 09-12-2006, 11:38 AM

Quote:

Originally Posted by Buzzby

1. Officer smells marijuana.
2. This provides reasonable suspicion that a crime is being or has been committed.
3. With reasonable suspicion he can perform a search.
4. The search is successful!

Now, tell me why a judge would believe your friend when he says that the officer didn't smell the weed? The successful police officer or the pothead trying to slide out of a bust?

Some people can't accept the responsibilty for the choices they make. It must be a left over trait from their childhood.

**Sec** · 09-12-2006, 04:49 PM

Quote:

Originally Posted by phuzz01

Let me get this straight: your friend had marijuana in the car, but you are sure that the officer was lying about smelling it?

How can you say that? For someone that does not smoke marijuana, it has a very strong and distinct odor.

Phuzz01 is absolutely right about that. I can walk past someone in the mall and smell weed on them as they walk by.

phuzz01 · 09-12-2006, 07:39 PM

Quote:

Originally Posted by Buzzby

3. With reasonable suspicion he can perform a search.

Buzzby,

Reasonable suspicion is to detain and investigate. Probable cause is to search or arrest.

PC > RS

But other than that, you were spot on.

Buzzby · 09-12-2006, 08:35 PM

Quote:

Originally Posted by phuzz01

Reasonable suspicion is to detain and investigate. Probable cause is to search or arrest.

Thank you. I should have known that.

For the straight facts about when a search is legal and when it is not, I direct everyone's attention to Phuzz01's Search and Seizure FAQ.

09-11-2006, 02:06 AM	#1
Seelesauger New Member Join Date: Nov 2005 Posts: 15 Grams: 667.65 Groans: 0 Groaned at 0 Times in 0 Posts Thanks: 0 Thanked 0 Times in 0 Posts Stock Portfolio Total Value: 0.000 Gain/Loss: 0.000%	Hey The reason I am posting this here is because it wont let me make a thread. My friend who is 16 was busted in june and recieved a date for adult court but got it transferred to juvenile court and hasn't heard a word since it was transferred. Is there anyway it was dropped? If it wasn't dropped is there a way he could get it dropped for like holding in contempt? When he was caught he told the officer not to search his car. Is there any explanation?

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09-11-2006, 10:35 PM	#4
Seelesauger New Member Join Date: Nov 2005 Posts: 15 Grams: 667.65 Groans: 0 Groaned at 0 Times in 0 Posts Thanks: 0 Thanked 0 Times in 0 Posts Stock Portfolio Total Value: 0.000 Gain/Loss: 0.000%	I had no idea what holding in contempt meant so never mind that. He was in a parked car and basicly the officer said he smelled bud but he was lying about that. He asked to search the car and my friend said no but he said he was going to anyway and found some bud. He does have a lawyer.

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