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  1. #1
    Join Date
    Oct 2012
    Posts
    2

    Default Statute of Limitations on Drug Possession

    My question involves criminal law for the state of: Arizona

    March 2012, my husband was pulled over before entering our neighborhood for speeding and doing a California role at a red light at night. The initial officer did not complete the incident, another officer stepped in. He investigated for a DUI and claimed my husband was drunk. And claimed he reached for his gun which is complete bullshit. Even in the report he admits to accusing him and then turning his back tonfinish searching the car without another officer present or even my husband handcuffed....just standing there. When towing his car, another officer was doing inventory and claims that one of them found a very small amount of marijuana in the trunk. Not hidden.

    They took my husband to the city station and took his blood for alcohol only and sent him home in a cab with a citation for DUI and marijuana possession.

    Here's the kicker.....the investigating officer was fired and placed on the Brady List for a number of things.

    My husband was issued a court dat without arrest or warrant for the DUI, the marijuana charge was not listed as it
    was initially, neither was the assault, from the city court a month later. In August, the case was dismissed and he was issued a red light ticket and speeding ticket. The officer that gave him the court date said that he thought maybe they sent the marijuana charge for the county. They were not addressing the assault.

    My questions are: when does the statute of limitations run out for this marijuana possession citation? I checked, no warrant issued, no court date, not even sure the city even sent it to the county, nada......

    Real issue, he applied for a HAZMAT endorsement and you have to have a background through TSA to have it. TSA is giving an initial disqualify of the background because of it. We are not even sure we can appeal until the statute runs out or what....TSA won't tell us, just tells us to send in paperwork with our request to appeal.

    Thanks. Also not this really matters, but he was drunk, he doesn't do drugs and says if there was even marijuana in the trunk.....it had to be from his coworker who had his bags in the trunk when he dropped him off that night after work.

  2. #2
    Join Date
    Jan 2012
    Location
    Tacoma, WA
    Posts
    1,202

    Default Re: Statute of Limitations on Drug Possession

    I doubt that the statute of limitations is going to be at issue regarding the TSA background check. Since he was never convicted and, in fact, the charges were dropped, it seems that the red flag for TSA is the arrest itself. In other words, the simple accusation is what they are leery of, not the possibility of some future prosecution. Because of the red flag indicating possible prior drug use, TSA is not willing to grant a security clearance for a sensitive position. It is likely that they have a policy, whether official or unofficial, that if such a red flag is X number of years old and there are no more recent worrisome incidents, they will disregard it and grant the clearance. What the X number of years is, only TSA knows (I'm guessing somewhere between 3 and 7 years)...and they probably won't tell you. If you can get the prosecutor to give you something in writing that the charges were dropped because they were unfounded (meaning the DA believed your husband was innocent of the charges, as opposed to the DA simply not having enough evidence to pursue prosecution), that would likely erase the red flag as far as TSA is concerned...but it is unlikely that you will get such an admission from the DA.

  3. #3
    Join Date
    Oct 2012
    Posts
    2

    Default Re: Statute of Limitations on Drug Possession

    Its crazy to me. The background is to drive a van locally delivering oxygen to retirement homes. The DA did write a letter saying that he had no pending charges for the past 27years and is clear of any criminal activity. How can TSA hold him responsible for an arrest but no conviction?
    We just got the certified documents from both the municipal and superior court and we are going to request a challenge of the disqualification from TSA.
    What ever happened to innocent until proven guilty?
    Also.....the officer that so called 'collected' this evidence was fired within a month after the arrest for integrity issues. My husband drug tests regularly in his employment and does not and has not used drugs.
    I think part of it is we live in AZ, he is hispanic and both parents are born in Mexico.this state is kind of known for it's racial profiling. The cop was white and was mocking his accent and ethnicity during the incident.
    TSA won't elaborate on anything, you are right about that. I don't see how this s fair.....at all.

    - - - Updated - - -

    Sorry....typo, he was NOT drunk. Had one beer over an hour before getting in the car while eating dinner

  4. #4
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    13,377

    Default Re: Statute of Limitations on Drug Possession

    A HAZMAT license allows the holder to transport all types of hazardous materials, with small training exceptions. The TSA is not concerned with you husband hauling Oxygen for his day job. They are concerned with the potential for him to be hauling other types of drug or explosive related chemicals, for other nefarious purposes at his "night" job. The link to illegal drugs is all thats required for that suspicion.
    With enough thrust, pigs fly just fine.
    You may believe that you understood what you think I said. I'm not sure you realize that what you heard is not what I meant.

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