Alright, so recently I was arrested while smoking in a car with some friends while on the way to East Hampton going through NYC. It was Friday and I just got out of school and my father has a house in East Hampton (close to the end of Long Island, NY), so me and some friends decided we'd go chill there. Well, we were in NYC on our way and I was vaping in the car. A police officer pulls us over for speeding, but I was able to stash the vape in time (great stash spot in center console). The cop walks up, gets my friends license, registration blah blah blah write ticket blah blah. As hes turning, he sees something (empty g baggy on floor) and turns back. He asks what it is, and I say "I dunno" stupidly. He basically convinced all of us to get out of the car to pat us down, and as he's patting me he finds my MS Contin (Morphine Sulfate Continuous Release) pills and asks what I need such a strong narcotic for. I tell him it is prescribed for a spinal injury I sustained a few months ago, and he uses this to conduct a (i think) illegal search. He went in the car and found my backpack with a quarter ounce. So I was arrested for possession but the vape was not found. Does anyone have anything to say about weather the search was illegal or not?
was the MS Contin really prescibed to you? as for the weed i thought anything under an ounce in NYC was punishable with a ticket
prob so man, i mean he did find an empty g baggy and i think that'd be all he needs to conduct the search. ^ the poster above me too has a good point. don't they give $100 citations for anything under an ounce even for repeat offenses?
was the pot in a closed backpack..cause the cop would need your permission to search that. i dunno if its the same laws for new york but im pretty sure it is.
honestly, it doesnt really matter. if you go to trial over it, a cop is gonna say he saw something which gave him probable cause (which he did in this case), and a cop's word > your word. so yes, this search was legal. he had a "reason" to believe that yall were in possession of drugs.
Yes, the MS Contin was actually prescribed by a legitimate pain doctor. Also, I made a thread in the medical section about this that I will copy/paste. Does anyone have any insight?? Alright, I was recently arrested in NYC for having a quarter ounce on me. I am currently undergoing chemo for a local recurrence of melanoma and have been using marijuana to help combat the side effects. I have not spoken to anyone yet, and was wondering if anyone had a similar experience or any knowledge on if this could help me at all. Thanks for any help!
^^^ or he could just pay the $100 fine and get on with his life... Go to court with a lawyer that will cost about a grand, or pay a ticket.......
yea but he's getting charged with MS-contin possession too thats not some shit you should take lightly
If you take your chances with the courts good luck. The chances of you going to prison are too high if you go to court. Then you will still have a record and a new buddy if you get my drift. When you had the pills in your pocket were they loose or in the pill bottle with your name on the label?
Haha, no I wish. He lives in a small house in a very very woodsy area not near the beach in east hampton, definitely not rich. If he was, I'd hope he'd help me out in this situation. But I've decided to just cut my losses and just pay the $100 fine. EDIT: And no, I'm not being charged with MS Contin or Controlled Substance Possession because I had a legitimate prescription.
well gotdamn, you should have said that in the first place. i was under the impression your were getting charged for the morphine
Probably a good idea to pay the $100. My brother for nailed for DUI (2nd offense) and the only thing his lawyer did was show up at trial and take 3G of his money. He said as they dragged him off to jail for a 3 day stint, with one dui guy chained to the other, his lawyer called to him "If they throw you in with the general population, you call me!"
You dont to prison if you get busted with weed (unless its a whole lot). You get a fine and if your unlucky you will get probation.