Got Court!?

Discussion in 'Marijuana News' started by Beezee09, Jan 24, 2010.

  1. I just got pulled over because my headlight was out, & the cop was about to let me go because, I new the headlight was out, & told him If I hit the light it goes back on, & I was going to get the fuse changed shortly.
    Then he seen a orange thing on my passenger seat next to my laptop bag, & asked what was in it, I said a camera, He said can you open it, I opened it & there was weed in it, so then he took it & took me out of the car.

    Did the whole search thing, & then a dog came and checked me car, he asked if I had any other drugs in the car, I said no, & then the dog I think hit on it again, & I told him, I just had my pipe in the car also, so he found that soon after...

    Then he finished searching the rest of the car, didnt find anything els.

    I asked the cop what was going to happen, he said I had to goto court & I would have to pay $150 fine on the headlight or somthing like that, but im not sure whats going to happen with the Weed & Paraphinila,

    here is the laws on marijuana in Colorado
    Colorado - NORML

    Im just wondering mainly can they screw in me in court?! because im summoned to appear in court and answer to the charges listed below, & i have, the listed on my ticket, less than 1 oz of weed, & Glass pipe + Grinder to smoke weed, it says on ticket..

    Im just wondering if when I go into court whats going to happen? what type of questions will they ask me, and what should I say?

    Is there going to be a plea bargin for this type of deal?

    As far as I know ill just be finned.

    Im just not sure because I have to goto court, & im not sure what type of trial this is?
  2. Fight the search. Evidence gained from an illegal search is inadmissible at trial. Don't incriminate yourself. Plead the 5th and file a motion to have that evidence dismissed based on the fact that having a headlight out does not constitute probable cause for a search. Never allow an officer to look through your things under any circumstances.

    Say only these things to a police officer:
    I'm using my right to remain silent.
    I do not admit guilt of any accusation.
    I have a constitutional right to have my lawyer present at all times.
    I respectfully decline to submit to any blood alcohol test, or allow my property to be searched outside of the presence of my lawyer.
    I do not waive any of my rights.
  3. #3 Bucky, Jan 24, 2010
    Last edited by a moderator: Jan 24, 2010
    Oum, them laws look bad-ass, I would probably never be traveling with over an O. If your state has fix it laws you can get the $150 waived if you fix your headlight, so you should just be able to just walk out $350-$200 poorer, and because it is not a misdemeanor offense it is not considered a criminal offense.

    Don't quote me on any of this I never gave you legal advice, I am simply voicing what my interpretation of what I reviewed leads me to conclude.
  4. Ok, im just worried because I asked the cop, what was going to happen, and he only said, I had a $150 fine on the headlight, and I have to goto court, so he didnt make it seem like the weed charge was going to be a problem...

    He even said he new I was smoking weed today, & he could take me down and have me tested, and have my license taken away, but he wasnt going to do that, so I dont think he was trying to prosicute the situation, much.

    im not sure
  5. Ya this was my first offense here to, ive only had a ticket for speeding once, and running a red light.

    I just want to make sure they wont be able to get me on the pipe, & if I might of had more than an OZ in the bag, as far as I know it was less than an oz, but it might of been a tiny bit more, but as far as I know, it should have been just under an OZ...

    Im wondering though since they wrote on the ticket, it was less than an OZ, if they will weigh it later?
  6. I think you should hush and quit while your still ahead dude. :) just a thought

  7. The pipe is also just a $100 fine, and if they wrote it for less than an ounce, its less than an ounce. They just throw the stuff in a closet, they don't care.:)
  8. could be worse, you could live in Missouri :cry:
  9. Holy crap, that is worse than South Carolina.:eek:
  10. Wow those are downright draconic. 7 years for 5g or less sale. And they try to argue pot smokers aren't cloggin up the jails! Ha! With sentences like that you bet they are.
  11. 1. If you can get a medical recommendation - go get one and bring it to court.
    2. I doubt you can fight the search considering you handed the pot to the cop... ie consent... always can try though.
    3. You might just pay your fine and go about your business.
    4. You will probably still need to appear .. according to the norml page.. if you appear its a petty offense, if you dont it gets bumped to a misd.
    5. Unless its a misd. you will not be eligible for an attorney being appointed for you or jury trial - you would be eligible for a court trial by judge.
    6. You may be eligible for a diversion program, which you would need to consider before accepting.

    You werent arrested so this wont be on you DOJ background, but this conviction would show up if anyone did a background check.

    Sounds to me like you will be aight....but stuff like this does come back to haunt sometimes... but maybe will be legal in CO soon and wont matter as much.
  12. Ya, I think im going to try and get the case pushed over as a unlawful search, now that I recall, the cop didnt even really ask me for permission, he asked me what was in my little Digital Camera case, & I said a Digital Camera, He said "Can you open it for me" or somthing close enough to the extent "Open the case for me"

    So I felt obliged as it it where standard procedure, so I didnt deny any of my rights, he unlawfully fooled me into obtaining evidence on an unlawful search.
  13. Well..

    "whats in the case?"
    "My camera"
    "Mind if I take a look"
    *hands it to cop* ..

    is not illegal search. You gave permission. Hell you handed it to him.

    Once he found the pot, he had probable cause so everything after that was legal.

    "Whats in the case"
    "WIth all due respect officer, I do not wish to answer any questions.

    "Well let me take a look"
    "Officer, I know you are doing your job but I decline to allow you to search."

    Dont physically resist - just lodge refusal. If he continues, then you have a better motion to toss this.

    Next time dont hand a cop your bud on first asking - without refusing - if you want to go the 4th amendment route.... here ya go
    [ame=]YouTube - BUSTED: The Citizen's Guide to Surviving Police Encounters[/ame]

    Good luck though, keep us posted.
  14. Your lucky as hell you live in colorado and you caught a charge there.
    If you lived in florida where I live they prolly would have thrown your ass in jail and made the biggest fuckin deal out of it.
    Get me out of this state.

  15. first of all, as soon as he asked whats in something or if he can take a look at something, all you should have said was "im sorry officer, i dont consent to searches" and everything wouldve been fine. not your fault, cuz he intimidated you and took advantage of the fact that most ppl dont know their rights. but now u know....DONT EVER GIVE CONSENT TO SEARCHES IF THE OFFICER HAS NO PROBABLE CAUSE!!! THEY NEED A WARRANT OR YOUR "OK" TO SEARCH YOU
  16. Ya don't stress it. $350 isn't anything compared to other states, my first arrest cost me a night in jail and nearly $2500 for ~6grams and no paraphenalia.
  17. 7 years with rapists and murders for 5 grams of non harmful medicine....

    the fuck...???:eek::eek::confused::confused:
  18. Well the way im seeing it now, he more or less commanded me & bluffed me into the evidence...

    He asked it in a manner as if it where his lead roll to comply with the officer.

    He said, somthing to the extent of "Can you open it up for me" in the sense of, OPEN IT UP ..

    Not, "Are you willing to show me that that is a camera in there?"
  19. Like I said, I felt like he incriminated me into opening it, He didnt even ask for any consent, or say " Do you Consent to a search of that item?"

    He basically said, OPEN IT, and I had no Idea he was not supposed to be stepping across them boundaries.

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