Alright blades first I'll start out with the story.My friend and I decided to hop in my car and blaze one night. We had this usual spot at a local Sportsman's, that we had been parking at and walking into the woods. Was fool proof for so long. Not anymore.That night I brought the pre grinded weed inside the grinder and just a pack of papers, trying to keep my pockets light. But this time as we were starting to walk down the path, a cop rolled by, the first time I've seen one there, and proceeds to tell us to stop. He parks, walks over to us and does the typical where you guys headed? We said that we we're just going for a walk to enjoy the nice evening.He then asks for both of our licenses and he calls them in. It should be mentioned that a person who i recognized and is still in high school, was in the front seat of his car. During this process he gets out and starts to walk over and he yells at him to get back in the car. After our licenses are called and the kid returned, he begins the anything in the car I should know about. He stressed from the beginning that weed was cool, he was looking for other stuff. I told him no and he proceeds to tell us to empty our pockets.This entire time I had the grinder and papers in one of my pockets, well before I can start to empty my pockets, he reaches over and grabs the pocket my grinder is in. He tells me to put it on the trunk and I complied, additionally putting up the papers so he doesn't wonder what we're smoking out of. He takes the grinder, opens it like a pro, and dumps it out, again stressing weed was cool. He says that he's keeping it and even keeps the papers, God knows why. He didn't issue any citations and said that if we had no warrents we can go. Well 16 days after the incident he decides the file a misorderly conduct for paraphernalia, along with a $240 fine. I receive this 2 days after it's filed.I can pay it off, plead guilty and have my name in the paper, or I can plead not guilty and fight it. The entire ordeal was unprofessionally handled. What would you blades do? I think I have a strong case against him. I just don't want maybe additional fines. Can they charge me for possession at court if it's part of the story, but wasn't filed?2nd all time thread. Like 50 posts. Member since 2011. I try to just expand my knowledge on here and not post anything in the process. This time I have to get advice. Sorry for the long read. Thanks in advance. What would you do? If I do go to court should I be clean in order to pass a drug test?
Finished the story, help me out. I had 4 main problems with what he did. 1. He profiled us because we were teenagers, if it was old people walking he wouldn't have stopped. 2. He shouldn't be allowed to drive around on duty with a civilian right? 3. He grabbed my pocket and didn't even let me respond if I consented to a search. 4. He filed it 16 days after it happened and the entire time made it seem like we would get away with no charges. Fightable in court right?
I think it's a shame that you're being bothered in the first place. Not only that, but he has to know exactly what you're doing, and even "yelling" at your friend to get in the car. I know that part to be true, they come up to you, and expect to be in complete control of the situation, possibly even treating you like you're doing something illegal and telling you to get your hands out of the pockets, when in reality HE came up to YOU and bothered your day. And there's nothing to do but comply, right?
Yeah man, but he was interrogating my friend and I. It was his friend that he yelled at, a high schooler at that, while he's on duty, riding shot gun in his car. How professional.
When he told you to empty your pockets you should've said "I do not consent to searches officer." He has no right to search you unless he smelled the weed or you told him you had it, but he can easily lie about this since he found the weed anyway. Civilians can participate in "ride alongs" legally. As long as the statute of limitations hasn't been reached, charges can filed with the evidence he collected. IMO there's not much you could to fight this but speak to an attorney if you want more info.
I think that you should pay the fine and be lucky he didn't charge you with possession. Sure it sucks but honestly, you got lucky because it seems like it could have gone way worse. I don't know a shit ton about the law or anything but I know that if I was stopped with bud, a grinder, and papers, I'd be praising somebody's God that the cop let me go with a fine.
Trust me, you need to read this whole reply. Ok man, it's unfortunate that this happened to you, but use the system to your advantage, give it several months and you'll be off the hook. First off, stop smoking, they may take a drug test. Don't tell anyone what happened, don't mention weed/pot/marijuana or anything being involved. Don't dramatize it, or it may come back to haunt you as far as eyewitness accounts against you. Unless you want to tell everyone and invite a ton of drama onto your life, in which case you are WELCOME TO. And you're welcome to pay your $200+ fine that you shouldn't have to. Second, get a copy from the police department of the official charge against you. If they only mention paraphernalia and say nothing about marijuana, then they can't go back against you and charge you for possession. They get one chance at this. Third, read the Constitution. The 4th Amendment of the Bill of Rights protects you from "unreasonable searches and seizures...upon probable cause." He didn't ask you, he told you (by shoving his band in your pants...perv). He has to have PROBABLE CAUSE. You guys are US citizens that are out in public and he can't walk up to you and demand anything of you. He didn't say "I smell marijuana in the air, I suspect you of breaking the law. Empty your pockets." So you will argue in court that "The officer unreasonably searched you and seized your property." THOSE ARE YOUR KEY WORDS. The Constitution wins, mutha fuqa! 4th Amendment. Look it up.
i do not consent to searches....thats all you had to say. the cop is trying to imtiditate you to consent to a search. thats why he asks, if he can have a look around. you basically gave him permission.
I hate to bump this, but I need further advice. I plead not gulity because this is my first ever charge and I'm going to college, so I don't want to have this effect future employment opportunities. My charge is a disorderly conduct because I "presented a hazard to the public by possessing a marijuana grinder with residue."My question is what should I expect in court? Do you think they'll drug test me? The hearing is at a small private court. I'm going to argue that he violated my rights by not allowing me to consent to a search. If that fails, I will accept a plea for community service or something along those lines.
Wish I could help but fortunately I have not been in your situation. I say just plead guilty, pay the fine, and accept the consequences.
First off, In court you can probably expect that the officer(s) involved probably tell a bogus story, and they will back each other up. But it doesn't matter, because you're not going to mention marijuana. If they specifically ask you "did you have marihuana in your possession" or "did you smoke marijuana on the night of December Yada yada" just plead the Fifth amendment (look it up). The reason you can plead the fifth amendment and choose not to answer those types of questions (questions about illegal paraphernalia or anything illegal) is because they aren't charging you for anything illegal. They're charging you for some bullshit disturbing the public or whatever you said. So you can argue that you "weren't in any way disturbing the public. In no way, shape, or fashion can an herb grinder disturb the public or cause a disturbance in society." Also, make sure you go to the police station and get a copy of the dashboard camera AND audio from all police cars involved, since they are equipped with them and you have a right to see their recording of their alleged charges of you because they SHOULD have nothing to hide, right? UNDER DURESS. But I'm just a guy who knows random stuff, so do your own research into it and TALK TO A LAWYER. They can appoint you one if you're poor and over 18. Good luck man. Watch some YouTube videos or something about "Flexing Your Rights" or "illegal confiscation by cops"
I meant to say that you should say that you did not consent to a search or seizure and only complied under duress. Talk to a lawyer.