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In december, I was heading out of state with my fiance and son to spend christmas and winter break from school with my family. Got pulled over because my tint was too dark (although it passed inspection). He immediately asks me to get in the passenger seat of his cruiser. Highway patrol gives me a ticket and I figure cool i'm good to go. He asks me if I have any drugs in the car, I say no. He asks me if he can search the vehicle, I assert my 4th amendment rights. He calls a k9 unit, which was there in like 20 seconds flat. Dog circles car, dog signals, police search my trunk, and inside my car, even around my son. they find a little bag of pot and a pipe, and they find my shroom "medicine bag" which has 3 bags of mushrooms, 3 chocolate bars and my scale was in there, too. Normally I would never say shit, but in order to protect my family I told them everything was mine (which it was). The dipshits arrest my ol' lady and charge her with the same charges as me: Class B felony possession w/ intent, 2 class A misdemeanors for the pot and the pipe. Luckily they allowed my ol' lady to drive the car to the sherriff's office so it wouldnt be impounded and to call her ex-husband to pick up our son. They hall us both to jail, where our bond was $50,000 each. Took 6 days to get an arraignment where he allows us to post 10%. 6 days later, my mom drives 10 hours and bails my ol' lady out. 4 days after that my dad comes and bails me out. I am ordered to be on electronic surveillance, which I am right now. we have to drive to the county we were arrested in which is 4 hours away every week to check in with court supervision. We are both college students and this is basically going to fuck up our education and job prospects after school if we are able to finish some how. I am pretty confident that her charges will be dropped since she did not admit to anything and I admitted to everything. I just can't believe they arrested her. Makes me feel even more stupid for fessing up. But men have been known to do crazier things to protect their family. I know I am an idiot for having shrooms in separate bags and with a scale. I also know I am an idiot for having that stuff in the car with my family while on vacation. But I am one of the ones who believe that natural substances like pot and shrooms are very good and healing substances. Shrooms cured my depression, changed my outlook in a positive way, remind me of what is important, and connects me with nature. I know that doesn't discount the fact that they are highly illegal. But, I'm a dummy. I'm not a criminal and did not take precautions that I should have, like at least hiding my shit better. I feel like such a fool, I am really pissed off at myself. I have nothing but good intentions for my life and for this world, and all the good opportunities I had going on are likely destroyed because of my irresponsibility. Nobody can kick my ass like I can. Anyways, we were able to hire an attorney, and I'm hoping for a miracle. What do you guys think? any advice? I know i'm really stupid.
well, it failed the officer's tint measuring device. But in order to register a vehicle, it has to be inspected for safety. Bought my car from a cop in a different state, but I guess I just assumed it was ok.
All my advice would have been for during the arrest. Never admit to anything. The only answer you should have given is "I want a lawyer". Sucks to hear that. I really hate that whole search and seizure loophole bullshit. They ask to search, if you consent they search, if you refuse they now have probable cause. A refusal to allow a police search should not be grounds for probable cause. That is guilty until proven innocent in any law book.
Highway patrol always sucks. Here in Texas, our eqivalent are State Troopers. They are always asses.
i wouldn't beat yourself up too badly about the admission thing. whether you admitted or not, they found the drugs in your car, which is pretty much indicative of guilt
that is dishearening that they charged both of you?? damn. i think they may just be using that as leverage to ensure a conviction, and they will probably drop the charges on one of you. but damn. that sucks.
Sounds like everything was by the book. Anon #2 is full of garbage; even if your tint passed inspection, a cop can pull you over to check it, and that stop will be legitimate so long as the tint "looked" like it might be over the limit. For this reason, driving hot with tinted windows (even just to the legal limit) is pretty much equivalent to russian roulette. Hopefully you can get a decent plea. Sounds like a loser for trial. Good luck.
Quote: Anonymous #4 said: i wouldn't beat yourself up too badly about the admission thing. whether you admitted or not, they found the drugs in your car, which is pretty much indicative of guilt
that is dishearening that they charged both of you?? damn. i think they may just be using that as leverage to ensure a conviction, and they will probably drop the charges on one of you. but damn. that sucks.
drug laws are so fucked in america
Well the admittion thing can actually fuck you out of a not guilty verdict.
To be guilty of possesion you have to KNOWINGLY posses the drugs and you have to KNOW they are illegal.
Not admitting anything means you can take it to a jury. They have to prove their case BEYOND A REASONABLE DOUBT. with no statement, as far as anyone knows, someone broke into the car and planted the contraband. The state can't prove beyond a reasonable doubt that something like this didn't happen as long as you make no admission or statement of guilt.
And I may very well be wrong about the window tint. But, a judge might also find that once the purpose of the traffic stop was completed, the officer had no reasonable suspicion to hold him for a drug dog. The courts have shot down "looking nervous" as reasonable suspicion, because any reasonable person would be nervous in an encounter with a LEO
Quote: Anonymous #2 said: Not admitting anything means you can take it to a jury. They have to prove their case BEYOND A REASONABLE DOUBT. with no statement, as far as anyone knows, someone broke into the car and planted the contraband. The state can't prove beyond a reasonable doubt that something like this didn't happen as long as you make no admission or statement of guilt.
This is pretty much a loser and would require godlike luck to pull off. I have seen people get off with a "my friend borrowed my car and must have left this" type argument but its success is a rarity. Some farfetched "someone broke into my car and left drugs" theory surely goes beyond the realm of a reasonable doubt.
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But, a judge might also find that once the purpose of the traffic stop was completed, the officer had no reasonable suspicion to hold him for a drug dog. The courts have shot down "looking nervous" as reasonable suspicion, because any reasonable person would be nervous in an encounter with a LEO
There is no indication that the officer kept RP longer than necessary to issue a traffic citation. RP said the dog came 20 seconds after he raised his 4th amendment rights.
its a low level crime that wont go to a jury. they aren't going to pull out 6-12 members of the public to adjudicate whether this guy and his family knew he was carryin drugs or not ... its a small crime, it will just be the prosecutor, the defence and the judge. the judge will decide what happens.
you have to think realistically that wouldn't just about everyone in the history of drug charges say " i didn't know that was there " or " that is not mine " etc etc to avoid the mental element of the crime? the prosecution obviously have a way of dealing with these sorts of offences
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Anonymous #5
Re: Busted....possession w/ intent for shrooms [Re: Anonymous #4] #15744945 - 02/01/12 12:05 AM (1 year, 3 months ago)
Quote: Anonymous #4 said: its a low level crime that wont go to a jury. they aren't going to pull out 6-12 members of the public to adjudicate whether this guy and his family knew he was carryin drugs or not ... its a small crime, it will just be the prosecutor, the defence and the judge. the judge will decide what happens.
Where the hell did you get this, a John Grisham novel? It's the defendant's choice of whether he wants a jury or not. At least in Florida, how "serious" the crime is is irrelevant for purposes of whether a jury is used unless the state chooses to eliminate jail / prison as a sentencing option. I assume this is the way it works in most states.
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Anonymous #4
Re: Busted....possession w/ intent for shrooms [Re: Anonymous #5] #15744956 - 02/01/12 12:06 AM (1 year, 3 months ago)
i'm in a different country, and may still be wrong, but i'm almost certain that low level drug crimes and traffic offences go to the lowest court in the hierachy , and are just presided over by the judge alone
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Anonymous #5
Re: Busted....possession w/ intent for shrooms [Re: Anonymous #4] #15744999 - 02/01/12 12:17 AM (1 year, 3 months ago)
I stand corrected to some extent in that a jury option is required when a 6 month sentence could be rendered. haha. Some states, however, have given the criminal defendant the option for a jury trial whenever the crime is of a criminal nature, which is where my confusion lied. Anyways, that will be irrelevant here as poss. of mushrooms is a felony.
Edited by Anonymous (02/01/12 12:19 AM)
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Anonymous #6
Re: Busted....possession w/ intent for shrooms [Re: Anonymous #5] #15745071 - 02/01/12 12:34 AM (1 year, 3 months ago)
as anon#2 said, the fact that you eventually admitted that the drugs were yours is probably going to make it unlikely that you would be able to win should you take the case to trial.
i'm sorry man your story really broke my heart, but if this is a first time offense and you can get them to lower the charges to simple possession you may be able to get into some sort of drug diversion program depending on the state you're in. about a year and a half ago i was arrested for felony possession of a controlled substance and i thought i had just completely fucked my life up, but i got into a diversion program, completed the classes w/drug tests and stayed out of trouble for the remainder of time and a couple weeks ago I got all the charges dismissed! i was facing the prospect of being a convicted felon, but now my record is 100% clean unless i tried to apply to be a peace officer (yeah right)! so if this is your first offense just know that there's at least a chance that things look worse to you right now than they will end up turning out...try and stay positive and just be prepared to go through a lot of bullshit to get your life back on track.
stay up, good luck to you your wife and kids, dude
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Anonymous #7
Re: Busted....possession w/ intent for shrooms [Re: Anonymous #1] #15746211 - 02/01/12 09:30 AM (1 year, 3 months ago)
Damn, weed possession has to be in the top 3 for how people get busted with shrooms. It doesn't look good for you OP, but it could be alot worse. The admission of guilt may or may not factor in, since possesion of multiple bags and scales means guilty, so dont beat yourself up on that one. Your a stand up guy nontheless, in the opinion of at least one random internet dude.
Legally, if it looks like they are going to try to fuck you regardless, take it trial and hope for some good jurors. But if its your first offense, they might just give you good plea deal to save money.
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Anonymous #10
Re: Busted....possession w/ intent for shrooms [Re: Anonymous #9] #15746497 - 02/01/12 11:23 AM (1 year, 3 months ago)
Stories like this is what makes me wanna say FUCK THIS COUNTRY. its should be renamed the UPSA, United Police States of America. The fucking cops fuck with everyone about every little thing. Everyone is criminals for doing drugs. I bet going back and forth to court all that distance away is gonna drag on for months or a year. Its bullshit. America has its thumb so far up politics ass that eveything is now a big political debate. Instead of solving problems, politics just make it worse. its so arrogant
Damn Anon #1 I really feel for you. It’s not fucking right man, but it’s the reality we all face when we take the risk of living this lifestyle. Good vibes man, I hope your girl gets off so she can at least be there for her son. And I wish you the best in your court proceedings, if you can afford it, a good layer is probably all you can do at this point.
I was in your position, growing, slinging shrooms for almost 10yrs. One day I just said fuck it, I felt like I was pushing my luck every single day and I haven’t touched an illegal substance since. It’s not the substances that are evil, it’s the system, but until we can all unite and change the system this is the sad reality that we all live in.
Quote: Anonymous #2 said: Not admitting anything means you can take it to a jury. They have to prove their case BEYOND A REASONABLE DOUBT. with no statement, as far as anyone knows, someone broke into the car and planted the contraband. The state can't prove beyond a reasonable doubt that something like this didn't happen as long as you make no admission or statement of guilt.
This is pretty much a loser and would require godlike luck to pull off. I have seen people get off with a "my friend borrowed my car and must have left this" type argument but its success is a rarity. Some farfetched "someone broke into my car and left drugs" theory surely goes beyond the realm of a reasonable doubt.
Quote:
But, a judge might also find that once the purpose of the traffic stop was completed, the officer had no reasonable suspicion to hold him for a drug dog. The courts have shot down "looking nervous" as reasonable suspicion, because any reasonable person would be nervous in an encounter with a LEO
There is no indication that the officer kept RP longer than necessary to issue a traffic citation. RP said the dog came 20 seconds after he raised his 4th amendment rights.
It doesn't really matter how often or not that defense is sucessful...I agre it's a hail mary, but all you have to do is convince 1 out of 12 jurors it's true and you're golden. If you and you're defense lawyer practice the cross examination, you should be able to get your point across that there was no intent to distribute, that the laws are completely fucked and that anybody in that jury box with half a brain or heart should plead not guilty.
Also true, there's no indication that the ticket was issued. It's still very important for OP to consider. Because it is also wrong for the officer to extend the scope of the traffic stop into a fishing expedition which it sounds like he did. Based off the OP, he immediately sat you in his cruiser and launched a seperate drug investigation. If you convince the judge that his reasonable suspicion (based off of driver's nervousness etc) was made up, that the judge can rule that an illegal detention since there was no reasonable suspicion to hold him. Cases similar to this, well almost identical, have been dismissed after a suppression hearing.
He definately has arguements should he decide for a supression hearing, but you need a good understanding of the law and what really happened, an expensive lawyer, and a judge that will rule in your favor. You can always prepare for this battle plan, reject the da's first couple plea deals, and then if there is even a slight chance of winning, the da will offer an amazing deal just to pad their conviction rate.
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haha. Some states, however, have given the criminal defendant the option for a jury trial whenever the crime is of a criminal nature, which is where my confusion lied. Anyways, that will be irrelevant here as poss. of mushrooms is a felony.
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