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In the clear?

Discussion in 'Apprentice Marijuana Consumption' started by om*, Aug 1, 2009.

  1. #1 om*, Aug 1, 2009
    BACKGROUND:
    So in the early hours of the 13th of July in a residential Kansas neighborhood, my buddy and I took a blunt cruise to go eat. Ten minutes after roasting the blunt, we saw that a cop was on our tail, flashed his lights, and motioned us to pullover. Seeing this, my buddy quickly took out Ozium and sprayed down the car...

    When the cop approached the car, he told us that the reason he pulled the car over was because my buddy's car had a busted taillight. Mind you that the taillight still worked, although it was cracked a little bit, but still showed some red when my friend was driving. Anyways, the cop comes back and said that the car "smells like marijuana, so he was going to search the car without my friend's consent. To both me and my friend, the car did not reek, on account of spraying Ozium because when we got the car from the impound lot the next day, there was no hint of marijuana smell. When they were searching the car, they got a drug dog to do so. To make a long story short, they found a quarter of buds on my buddy in his backpack and also found his pipes and vaporizer, and also found .3 of bud on my person. They proceeded to arrest my buddy and me (without reading our Miranda Rights until alot later at the jail) and took us to jail.

    Since my buddy was a resident of Kansas, he did not have to post bail, and gave him a court date. Since I was visiting my friend and am not from Kansas (from the east coast), I had to post $200 bond and the cop told me that in a couple of days, they will process me in the court, and for me to contact the court a couple days later for my scheduled court date.
    ***************************************************************************************************

    Now, this cop that arrested us seemed like a complete rookie (along with his excuse-for-a-mustache cheesestache lol) and think that there are alot of holes in this case, and there is a possibility for this case being thrown out (my buddy got a lawyer for his court date and the lawyer sees alot of holes in this case and said it is possible to fight the case).

    Now, for the past weeks, I've been contacting the court by phone and by internet, seeing if my case was in the system, but there is no signs of the arrest in the court system. My question is, is it safe to assume that they just threw out my case, on account of me being from out of town and carrying such a small amount of bud on me?
     
  2. #2 om*, Aug 1, 2009
    Come on guys, i need some peace of mind now cuz of this situation..
     
  3. #3 zacandcody10, Aug 1, 2009
    well dont assume anything until your sure but if after a month you still dont hear from anyone you should be ok:hello:
     
  4. #4 Ettubrute, Aug 1, 2009
    The cops not reading you your miranda rights immediately after arresting you is a big deal. I would think it would be thrown out for that reason over the fact that you are from out of town. If you do go to court over this remember that during that time before you were read your rights but after you were arrested you can pretty much argue all of that is null and void (like if they questioned you or something).
     
  5. #5 steveoo, Aug 1, 2009
    Something tells me you won't be hearing from them
     
  6. #6 stoner_lukas, Aug 1, 2009
    Last edited by a moderator: Aug 1, 2009
    False.

    Cops do NOT need to read you your Miranda Rights as you're being arrested. They MUST read you your Miranda Rights, however, before you are interrogated. Being arrested does not count as interrogation.

    See Rhode Island v. Innis

    Also, OP, in my experience Ozium does absolutely nothing until it has been able to work through the air. Spraying it as you're being pulled over will just make your car smell like bud and flowers if you've been smoking. So there's a very real chance that the cop did indeed smell marijuana.
     
  7. #7 om*, Aug 1, 2009
    Thanks for all the responses guys! :) Ill just have to keep my "fingers crossed" and hope that i wont hear of this.
     
  8. #8 afgooey, Aug 1, 2009
    i was due back in court for a possession ticket 4 months ago, after failing the diverson program and getting a 1month extension. no phone call no mail no nothing, then again i am in cali and a minor possession charge is like a speeding ticket
     
  9. #9 stoner_lukas, Aug 3, 2009
    I hope you realize that it's not the court's job to notify you of when you're supposed to show. I'd make sure you don't have a bench warrant, if I were you.
     

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