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Anonymous #1

Do the police have the right?
    #10856160 - 08/13/09 09:52 PM (14 years, 9 months ago)

I got arrested for possession of marijuana and 7th degree criminal possession of a controlled substance. In my state, the marijuana is a civil citation and the controlled substance is a misdemeanor.

Anyway, my whole court thing ended recently. I was not charged with either of those crimes. I was charged with a disorderly conduct violation.

When the court process ended, they gave me back the stuff they took from me. My bag, a shirt in the bag, a cell phone and a lighter. I also had rolling papers in my bag. Rolling papers are 100% legal but they did not give them back to me. They did not arrest me while rolling a joint or anything. I had no joints on me and there was no evidence that I had been using the rolling papers to perform illegal activity.

Do they have the right to do this? To me it seems like they are being the thought police by deciding to not return property of mine that they deem to be bad. Is there a legal standard that I don't know about?

I am obviously not looking to sue or anything but curiosity has me wondering about this.

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Invisiblejohnm214
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Re: Do the police have the right? [Re: Anonymous #1]
    #10858889 - 08/14/09 12:20 PM (14 years, 9 months ago)

They have the right not to return illegal items.  Rolling papers are not per se illegal in most places, so they must determine them to be illegal.


Basically, I'd forget about it, but I share your concern.

Anyways, I'm guessing that its a preponderance of the evidence standard for the police to retain possesions they determine to be illegal or related to a crime, though I don't know.


Just cuz you weren't convicted, doesn't mean they couldn't have convicted you, can't recharge you, or couldn't prove the items were illegal.



in short:  hard to say without more information, but if you allege that it was unfairly retained they likely could simply charge you again and prove it wasn't- by convicting you.  I doubt they'd do this, but there's really not much you could do that would be either worthy it or helpful.

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OfflineMoronicus
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Re: Do the police have the right? [Re: johnm214]
    #10859267 - 08/14/09 01:23 PM (14 years, 9 months ago)

the papers are a fucking dollar, get over it :shrug:


--------------------


BACON RANCH, FUCK YEAH


A post about m00nshine

Anonymous #6 said:
Yes, it is. The shine stands for his job title, which is Shoe Shiner, the moon stands for the time he comes out to be a nigger, which is best suited for the negroid camouflage.

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Anonymous #1

Re: Do the police have the right? [Re: Moronicus]
    #10860811 - 08/14/09 05:07 PM (14 years, 9 months ago)

Quote:

johnm214 said:
in short:  hard to say without more information, but if you allege that it was unfairly retained they likely could simply charge you again and prove it wasn't- by convicting you.  I doubt they'd do this, but there's really not much you could do that would be either worthy it or helpful.



They already charged me with something. I am pretty sure they can't recharge me with it.

Quote:

Moronicus said:
the papers are a fucking dollar, get over it :shrug:



That's not the point. I am trying to figure it if what they did was legal.

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Invisiblejohnm214
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Re: Do the police have the right? [Re: Anonymous #1]
    #10862130 - 08/14/09 09:55 PM (14 years, 9 months ago)

Quote:

Anonymous said:
Quote:

johnm214 said:
in short:  hard to say without more information, but if you allege that it was unfairly retained they likely could simply charge you again and prove it wasn't- by convicting you.  I doubt they'd do this, but there's really not much you could do that would be either worthy it or helpful.



They already charged me with something. I am pretty sure they can't recharge me with it.






Why?  The fact that you were previously charged is irrelevant under the constitution.  You can't be tried twice, not charged.  From what it sounds like, they voluntarily dismissed the charge.  Unless it was part of a plea bargain (which it may well be) then there's no federal bar to recharging.


Anyways, I doubt that would happen, the point is that just cuz you weren't convicted doesn't mean they can't hold the papers.  All they need to do is prove it is illegal by a preponderance of the evidence (depending upon what the state law says, of course) and they can retain it.  This means you must rebut their likely claims that it was drug paraphanalia because you had it and also use marijuana, et cet. 



All I'm trying to say is its not that easy of an answer.  As for whether it was legal, well, do you use it to smoke marijuana?  If so, then it was legal, though that doesn't mean they can show it was retained legally, it does show it wasn't an injustice any more than any other victimless civil provision.

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Anonymous #1

Re: Do the police have the right? [Re: johnm214]
    #10862831 - 08/15/09 12:06 AM (14 years, 9 months ago)

Quote:

johnm214 said:
Quote:

Anonymous said:
Quote:

johnm214 said:
in short:  hard to say without more information, but if you allege that it was unfairly retained they likely could simply charge you again and prove it wasn't- by convicting you.  I doubt they'd do this, but there's really not much you could do that would be either worthy it or helpful.



They already charged me with something. I am pretty sure they can't recharge me with it.






Why?  The fact that you were previously charged is irrelevant under the constitution.  You can't be tried twice, not charged.  From what it sounds like, they voluntarily dismissed the charge.  Unless it was part of a plea bargain (which it may well be) then there's no federal bar to recharging.


Anyways, I doubt that would happen, the point is that just cuz you weren't convicted doesn't mean they can't hold the papers.  All they need to do is prove it is illegal by a preponderance of the evidence (depending upon what the state law says, of course) and they can retain it.  This means you must rebut their likely claims that it was drug paraphanalia because you had it and also use marijuana, et cet. 



All I'm trying to say is its not that easy of an answer.  As for whether it was legal, well, do you use it to smoke marijuana?  If so, then it was legal, though that doesn't mean they can show it was retained legally, it does show it wasn't an injustice any more than any other victimless civil provision.




I pleaded guilty to disorderly conduct. They dropped the two original charges.

Thanks for your input mate, it is helpful.

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Invisiblepo0dingles
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Re: Do the police have the right? [Re: Anonymous #1]
    #10929206 - 08/24/09 07:37 PM (14 years, 8 months ago)

Honestly bro. I think you should fucking get over it. Rolling papers are cheap as fuck and you got out of the big charges. Granted you couldn't just take the slap on the wrist making it a humble experience, but you have the nerve to question them about some $5 dollar rolling papers?

Wow.


Just wow.

The rolling papers were probably taken as it would be considered paraphernalia. If you get busted for Heroin, they're not going to give your hyperdermic needles back. Christ this is such a petty thing to bitch about.

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InvisiblePsychoReactive
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Re: Do the police have the right? [Re: po0dingles]
    #10937509 - 08/25/09 08:57 PM (14 years, 8 months ago)

What about confiscated computers? Are the cops likely to give that back after the trial? Or can they keep the goods?

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Invisiblepo0dingles
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Re: Do the police have the right? [Re: PsychoReactive]
    #10937746 - 08/25/09 09:26 PM (14 years, 8 months ago)

Quote:

psycho4ctive said:
What about confiscated computers? Are the cops likely to give that back after the trial? Or can they keep the goods?




That they would have to give back. They gave all his other shit back. Computers aren't paraphernalia, unless it was used to hack into a government site.

I'm sure the rolling papers were a mere oversight and not some grand scheme to ruin this stoner's day.

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OfflineSeussA
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Re: Do the police have the right? [Re: PsychoReactive]
    #10939795 - 08/26/09 04:39 AM (14 years, 8 months ago)

> I got arrested for possession of marijuana ... I also had rolling papers in my bag. Rolling papers are 100% legal but they did not give them back to me.

Rolling papers would be 100% legal if you also had rolling tobacco with them.  Rolling papers are most likely illegal, seen as drug paraphernalia, when found in conjunction with an illegal drug and nothing else to mitigate their status.

> What about confiscated computers? Are the cops likely to give that back after the trial? Or can they keep the goods?

Completely depends upon the situation that led to them taking the computer.  It could go either way.


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InvisiblePsychoReactive
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Re: Do the police have the right? [Re: Seuss]
    #10939958 - 08/26/09 06:24 AM (14 years, 8 months ago)

Quote:

Seuss said:
> I got arrested for possession of marijuana ... I also had rolling papers in my bag. Rolling papers are 100% legal but they did not give them back to me.

Rolling papers would be 100% legal if you also had rolling tobacco with them.  Rolling papers are most likely illegal, seen as drug paraphernalia, when found in conjunction with an illegal drug and nothing else to mitigate their status.

> What about confiscated computers? Are the cops likely to give that back after the trial? Or can they keep the goods?

Completely depends upon the situation that led to them taking the computer.  It could go either way.




Using it to sell illegal stuff online?

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Anonymous #2

Re: Do the police have the right? [Re: PsychoReactive]
    #10971195 - 08/31/09 06:43 AM (14 years, 8 months ago)

are you honestly bitching that you didn't get a controlled substance charge and only got disorderly conduct? 




was that controlled substance crack by chance?  if so, lay the fuck off it

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