Caught in Possession of MDMA at a Rave

My question involves criminal law for the state of: California

I was standing inside of a rave, right in the front where me and my friends were talking. As I was talking to my friend, all of the sudden these undercover cops dressed in raver clothes grab me and handcuff me. I saw one of my other friend who was wearing the same type of shirt as me get handcuffed to and one of the cops say "he is the seller and his other friend that he was giving MDMA pills to is the buyer". The lady said I was okay to go but the undercover cop who grabbed me, pushed and shoved me and told me to walk to the back. When they took me to the back they searched me without my consent and found 12 mdma pills on me and then charged me with possession of MDMA, intent to sell and resisting the arrest. There was no way I resist an arrest nor I had intent to sell mdma pills. They took my blood, questioned me and then at the end he read me the Miranda rights. On the police report it says i gave up my rights at the beginning which is not correct, but this will go down as his words against mine. I have a public defender because I am a student who just got laid off and I can't afford to pay for an attorney. I can prove there was no way I was trying to sell it because I was not making any profit because my tickets and the hotel cost more than those pills. I was holding all of those pills because I snuck it in for all of my friends. It was for personal use only. My friend is the one who got caught exchanging money and I was just grabbed by them for no reason. I want to know if I can use my 4th amendment rights where they illegally searched me without any probable cause. Would the fruit of the poisonous tree doctrine will play into action because my Miranda rights were read after everything was done, even thought the cops lied about me giving up my rights. This is also my first offense. Please help me because I don't want a felony to ruin my future life.

I doubt they randomly chose you and your friend out of the crowd. What reason was given in the police report for their making contact with you? Did anyone else at the rave know you had the drugs? You said it was for personal use but they stated they saw you give your friend a pill. Did you? That could certainly look like a drug transaction.

What has your PD said about all this? Have you asked him/her your questions?

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Quoting jw897755

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When they took me to the back they searched me without my consent and found 12 mdma pills on me and then charged me with possession of MDMA, intent to sell and resisting the arrest.

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When you are under arrest, they no longer need consent to search you. A search incident to arrest is perfectly legal.

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There was no way I resist an arrest nor I had intent to sell mdma pills.

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Then your attorney can refute those charges at trial.

Resisting doesn't require swinging fists. One can be charged with resisting, obstructing, or delaying a peace officer for most any form of resistance or delaying tactic. Pulling away from the officer, struggling, distracting him, etc. might all result in the same charge (PC 148(a)).

For the intent to sell they will have to show that you had them packaged in such a way or solicited others for sales. Though 12 MDMA is not likely to be seen as personal use, and even giving them to a friend is the same offense as sales.

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I can prove there was no way I was trying to sell it because I was not making any profit because my tickets and the hotel cost more than those pills. I was holding all of those pills because I snuck it in for all of my friends. It was for personal use only.

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I see ... and, your friends will all step up to the bar and admit that the pills were for their use? Of course, that also means that you committed the crime of Conspiracy which is a felony ...

If they have attorneys, their attorneys are NOT going to let them take the stand and confess. Your attorney isn't likely to, either. Your attorney will likely try to cast some doubt on the state's case as toi whether you approached anyone for a sale, or handed them off to a friend or other party or worked with anyone who was doing the same.

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My friend is the one who got caught exchanging money and I was just grabbed by them for no reason.

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Did you hand a pill or pills to your friend?

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I want to know if I can use my 4th amendment rights where they illegally searched me without any probable cause.

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Nope. The search was legal after you were arrested.

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Would the fruit of the poisonous tree doctrine will play into action because my Miranda rights were read after everything was done, even thought the cops lied about me giving up my rights. This is also my first offense. Please help me because I don't want a felony to ruin my future life.

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The time to consider the ramifications of a criminal act is BEFORE you commit the crime!! No one forced you to do this.

Fortunately, it is very likely that you will be offered diversion per PC 1000 or Prop 36 if you agree to a plea deal for possession and testify against your friends or offer them up a dealer. Maybe they'll just offer you the plea without all of that if their case is not too strong for sales/distribution. You can survive this, but you had best seriously reconsider your lifestyle and get help for your drug prolem NOW.

My friend was the one who got caught exchanging pills and money with one of his friend, but he bought it for his friend, he wasn't selling it to him for profit or anything. For me, they just grabbed me because we had the same type of shirts. I did not exchange anything with anyone. I was simply at the wrong place at the wrong time. When I had an interview with the PD they said my public defender will talk to you at the court on the day of the preliminary hearing.

It doesn't matter if he is making a profit or not, selling drugs is selling drugs. He's just not very good at it if he's losing money. It's time to zip it and only speak to your attorney.

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Quoting jw897755

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My friend was the one who got caught exchanging pills and money with one of his friend, but he bought it for his friend, he wasn't selling it to him for profit or anything. For me, they just grabbed me because we had the same type of shirts. I did not exchange anything with anyone. I was simply at the wrong place at the wrong time. When I had an interview with the PD they said my public defender will talk to you at the court on the day of the preliminary hearing.

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You weren't simply at the wrong place at the wrong time. You could say that about totally innocent people who happened to be in a building that's on fire, or in a bad accident that was totally not their doing.

You were simply breaking the law, and got caught.

I don't have a drug problem, I was simply doing it in moderation. I will never do it again and I do understand. Is there anyway I will be able to get out of this or am I looking at jail time. I have to say there was over 100 arrest made at the rave that day.

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Quoting jw897755

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My friend was the one who got caught exchanging pills and money with one of his friend, but he bought it for his friend, he wasn't selling it to him for profit or anything. For me, they just grabbed me because we had the same type of shirts. I did not exchange anything with anyone. I was simply at the wrong place at the wrong time. When I had an interview with the PD they said my public defender will talk to you at the court on the day of the preliminary hearing.

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Holding onto HIS pills and giving them to HIM for fun OR profit is distribution (aka "sales"). Planning to hold onto everyone else's dope conspiracy (PC 182). Since conspiring to commit a crime (holding onto dope) is a felony, then you committed that felony as well. The bad news is that Conspiracy is not eligible for diversion via Prop 36 or PC 1000 ... the good news is that unless you blabbed to the cops about this, they won't know to charge it unless they also have you handing off the pills to your friend or ANY of your friends and they admit that you were simply holding their stash.

Which begs the question: Why didn't they hold their own dope? Was it because they were going to be engaged in sales and they figured they might get busted so they thought they'd be sly and have YOU hold it for them?

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Quoting jw897755

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I don't have a drug problem, I was simply doing it in moderation.

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And you don't see that as a problem? Let's see ... you're attending a rave with a dozen MDMA in your pocket, your pal is engaged in drug sales, you use "in moderation" and you are now being charged with a felony. Nope, you're right, no problem. :rolleyes:

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I will never do it again and I do understand. Is there anyway I will be able to get out of this or am I looking at jail time. I have to say there was over 100 arrest made at the rave that day.

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Jail time is possible, but not guaranteed. If you are convicted of transportation, distribution, or some non-possession felony, some small amount of jail time is very likely. More than likely you'll be offered a plea deal which will get you diversion. But, as part of diversion you will have to attend drug treatment and counseling. If you go in with the attitude that you don't have a problem, you might eventually pass and spent 18 to 36 months manipulating clean pee tests, but you will only prolong your problems. You have a chance to go straight and get clean - only YOU can choose to make that call. Or, continue on the path of "moderation" ... which really isn't.

I’ve never really understood why so many kids have the idea that you have to be a Sinaloa cartel lieutenant or get caught with thousands of dollars or pounds of dope to be guilty of distribution. If you have pills (or weed, or rocks, or shards, or…whatever) and you share with someone else, you have just distributed drugs. There does not have to be any exchange of money. If you voluntarily pass dope from your hand to someone else’s hand, even just giving your friend a hit off your joint, you are a dealer under the law.

I know you say that you never passed any pills to anyone else. But, seriously, I have a hard time believing that the cops mistook you for someone else they saw passing dope and just got lucky that their “mistaken identity” just happened to be holding dealer quantities of ecstasy. I suspect that no prosecutor, judge, and/or jury will readily buy that coincidence, either.

As far as the resisting charge, you have not shared what the police report states to justify that charge. So, I cannot comment. Regarding the Miranda issue, did you make any incriminating statements between when you were stopped by the police and when Miranda was read? If you did, then your attorney can argue to have those statements ruled inadmissible as evidence. As Carl has already pointed out, the search seems to be perfectly legal.