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OfflineSoreSpore
Registered: 03/06/12
Posts: 7,481
Loc: Halfway there...
Last seen: 10 years, 2 months
Possession or Delivery of Drug Paraphernalia
    #18368729 - 06/04/13 05:30 PM (10 years, 11 months ago)

On the way home from work today, I was clocked by the radar gun doing 74 in a 60. I immediately knew that I was going to be subjected to a ticket after a stop on the side of the road; however I was oblivious to the rolling papers on the middle console of my dash I had bought just after I got off work. The officer requested my license and registration. As I was handing them over, he asked if there was anything in the car he needed to know about. I told him 'No sir' and he quickly interjected 'What about those dope papers right there?'. I've never heard Zig Zags called that before so I laughed out loud (this was the second mistake after speeding :facepalm:) and he immediately asked me to step out of the car. He put me in handcuffs, told me I wasn't under arrest and that he was going to search my vehicle once the K-9 unit got there. He also let me know that if I'd just tell him where I am "hiding all the dope, the dog won't have to rip up your car so bad." At this point, it was a ridiculous scenario because I was sober, not smelling like weed, not possessing any narcotics or paraphernalia but was being detained waiting for a drug dog to reaffirm the position that there weren't drugs in my car. 10 minutes later a second cruiser arrived with no dog and the original officer proceeded to search my vehicle while the other officer spoke to me. I literally didn't say anything to the second officer, despite him continuously asking questions. After 5 or 6 minutes of searching, the original officer released me from my handcuffs, excused the assisting officer and proceeded to write me a ticket for "Possession or Delivery of Drug Paraphernalia" and a warning for my speed. WHAT THE FUCK IS THIS SHIT!? This is a $500 ticket and is a drug crime to have on my record, right? If this cocksucker hadn't been enough of a dick, he went on to say "This is an arrestable offense, but these tickets aren't going to right themselves at rush hour, so maybe this ticket will teach you to stop smoking dope."

To make matters worse, my lawyer that I have used for any trouble I have ever been in is my uncle. I'm thinking about getting a different lawyer rather than bringing this up with him, despite the extra cost I'm going to have to pay. How expensive is this going to be to take care of?

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InvisibleVitalux
Stranger from the next universe
Male User Gallery


Registered: 02/15/11
Posts: 2,695
Loc: Canada Flag
Re: Possession or Delivery of Drug Paraphernalia [Re: SoreSpore]
    #18368838 - 06/04/13 05:56 PM (10 years, 11 months ago)

relax


take a deep breath.:rolleyes:

It is not illegal to have rolling papers in your car.

For example, you can roll and smoke cat nip, parsley, tree bark, tobacco, or another other legal natural growing plant.

You do not need a lawyer.:smile: in my opinion

What you can do is drive your ass down to the police station and make an appointment with the chief of police and explain the situation.:mad:

Chances are he will chat with the cop and arrange to have the charges dropped.

or

File a complaint with the police against the officer for violating your an illegal search of your car.:mad2:

I doubt rolling papers constitutes probable cause. :nono:
Perhaps a judge will likely find the same conclusion.

However, if it was illegal to possess rolling papers, convenience stores would be prohibited from selling them.:nono:

Cops, often make mistakes.:crazy:...huge mistakes and charge people for things all the time that are not convict-able in court.


Plus.....talk to your uncle for fuck sakes.:cool:
You are not a 5 year old child hiding stolen candy.:crazy:
Man up :laugh:,  many people smoke pot.
Just because possession of marijuana is a crime does not make it right.
I fully, with all my heart and soul, believe every single human being should carry and possess this and defy the law.:stoned:

It is a bad law.

Just the same way, if there was a law to burn witches I would not burn one. Just like if it was illegal to help someone like a Jew in WW2 hide from a Nazi death camp, I would help them.


YOu have a moral obligation to stand up...and fight for your right as a human being.

good luck...keep us informed

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Invisiblememes
Blessed


Folding@home Statistics
Registered: 01/11/05
Posts: 27,785
Loc: In a Tree
Re: Possession or Delivery of Drug Paraphernalia [Re: Vitalux]
    #18368852 - 06/04/13 05:58 PM (10 years, 11 months ago)

Oops

I just posted a link to your original thread in Enlil's "Ask a Defense Attorney" thread.




I'm sure he'll see it here

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InvisibleCidneyIndole
www.shroomery.OG
Male User Gallery


Registered: 05/16/05
Posts: 4,762
Loc: Love's Secret Domain
Re: Possession or Delivery of Drug Paraphernalia [Re: memes]
    #18385071 - 06/07/13 08:27 PM (10 years, 11 months ago)

Yeah, I'd say in court that they were for rolling tobacco. That is not illegal, papers are sold for that purpose, and are not in and of themselves, illegal. Okay, perhaps you didn't have any tobacco on you. But you didn't have any weed, either, right?


--------------------
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I am me. We are You.

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Invisible36fuckin5
Alchemycologist


Registered: 08/11/03
Posts: 12,091
Loc: Diving into Mystical Territori...
Re: Possession or Delivery of Drug Paraphernalia [Re: CidneyIndole]
    #18387460 - 06/08/13 11:47 AM (10 years, 11 months ago)

Papers alone aren't probable cause. Are you sure you didn't somehow consent to the search? It's easy to slip up and answer one of their double-ended questions wrong.

Either way, talk to your uncle. In my non-professional opinion, it sounds like you're liable for the speeding ticket unless your state has some weird law against having papers by themselves.

Did they take the papers or let you keep them?


--------------------
Pat The Bunny said:
A punk rock song won't ever change the world, but I can tell you about a couple that changed me.

bodhisatta said:
i recommend common sense and figuring it out.

These are the TEKs I use. They're all as cheap and easy as possible, just like your mom.

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