Re: Did the Cops Have Proper Grounds to Arrest Me
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Quoting
Shane.gibson
I asked to have the sample retested, it was a .11 they say. What are the chances they still possess the sample? And if they do, what are the chances they actually stored it correctly so it could be split and retested? Cause if they didn't properly store it, or if they can no longer provide the sample so I can have it retested. Then they case has to be dismissed. Correct?
Chances are they still have it unless they had to consume the entire amount in the initial test. And if they had to consume the remainder - or even if they lost it - this does not mean an automatic dismissal.
What are you arguing the substance really is? Is your attorney REALLY going to put you on the stand to say you had a bindle or baggy of salt or sugar?
The argument in these instances most often comes down to whether or not it was a usable amount, but if it can be tested, it can be used. I have seen the remnants from a scraper bag considered usable, so this is also a long shot.
Again, do you want to risk jail to avoid rehab?
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I provided no urine or blood sample. The only test they have is they tested the .11 gram substance at a lab that confirmed it to be methamphetamines.
If it was tested at a lab, then you're pretty much done. But, if there is something left, you are free to pay to have it tested at your own expense wherever you choose ... but ... why?
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I asked the court I wanted to have the sample split and retested at a seperate lab of my choice. One that was accountable by the courts.
The crime lab IS accountable to the courts!
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But if they can't do so, then the case has to be dismissed cause there is no evidence then.
Who told you that whopper??
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And the cop has 4 years of being a police officer. And has no ceritified drug training.
And you know this, how?
The officer's training and experience would certainly be a legitimate line of cross examination to attempt to cast doubt on his observations and interpretations of those observations. But, again, when you were found with the dope on your person, you aided the state's case that you were high. Now, it is possible they will offer to drop either the possession or the influence charge in order to get you to plea to Prop 36. They appear to have you cold on the possession charge, and your only hope to avoid jail time might be to seek a plea that results in the charge for bringing dope into a correctional facility is dropped (likely in exchange for a guilty plea to possession and/or being under the influence ... and Prop 36).
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Yes I know this is a roll of the dice, and despite of what I do on my own personal time in my home, is none of the laws business.
Actually, unless the laws change, it IS the law's business.
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I was not disrupting anyone, or doing anything wrong. I wasn't even high at the time of arrest.
You were simply in possession ... and claim to have used a couple days earlier (which is typically a lie). When I hear that line, I usually find that the truth is that the use was within the last day ... or less.
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That is why I want to fight this case and get as much info as I possibly can, because I feel it was not right. Matter of fact I know it wasn't right.
An arrest requires only probable cause - a low burden of proof. Unless you can show that the arrest for being under the influence was objectively unreasonable and lacked probable cause, the discovery of the dope will be in and those charges will be sustained. And, one of those charges is not Prop 36 eligible!
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There is no way that the whole way it went down, that it was completely lawful. I asked for an attorney even after being read my rights and the police officer kept interrogating me asking me things over and over. And got me to eventually talk to him.
Then, any statements made after you invoked your right to speak to an attorney can be excluded if your attorney makes the proper motion and prevails. But, aside from your statement that you used a couple of days earlier (which may have been made before Miranda was read), there was likely no need to interrogate you. Unless the officer based his 11550 arrest almost solely on your admission of use two days earlier, the statement is not likely to be a key to the probable cause to support the arrest. It might be one piece, but it may not be a large one.
The issue of the other guy in your house really will not play any role in the objective evaluation o fthe probable cause for your arrest. Whether the officer failed to take action on another misdemeanor is a separate issue and not directly relevant to the probable cause for your arrest.
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Because my public defender won't listen to me. Anytime I try to speak and say something to him when we are meeting he interrupts me and starts yelling at me. Then if I speak up anymore he gets up and storms out of the room? What do I do!?!? This isn't right at all!
If you refuse to accept a plea, your attorney will have no choice but to go to trial. But, he apparently realizes that you are dead to rights on at least the possession charge, even if the influence charge is weak. You would have to prove that there was no probable cause for the arrest in order to get the dope found in your possession tossed, and that will be a difficult case to make. But, if that's the road you want to try and you really would rather risk doing jail time rather than rehab, that is certainly your call. But, all that tells me is that your addiction has taken such a huge hold over you that it has skewed your reasoning.
As a note, I am not simply an officer, I am also trained as a Drug Recognition Expert, am an instructor in he field sobriety tests, conduct twice-monthly training at our social services office on the effects of drugs and alcohol and on effective intervention, and am quite active in the local drug recovery community. So, I have some level of training, education, and experience in this area of the law and addiction.