Fleeing the Police After Getting Caught With Drugs, Lying About Name
My question involves criminal law for the state of: North Carolina
So this situation occured a few days ago and it involves several poor choices I made due to panicking and not thinking it through. An acquaintance and myself planned on smoking a blunt (a cigar that is cleared out with marijuana put in its place) so we went to a gas station near my university (but off campus) to pick up cigar wraps. I had about 3 grams of marijuana with me in a smellproof bag, and I was riding in the acquaintances car. I went inside the gas station and purchased 2 cigar wraps, and walked back out to his car. I got in and he waited there for a minute (not sure why) but in the meantime I pulled the cigar which only had tobacco in it out to look at it and smell it. A few moments later, a guy in plain clothes with a badge was knocking on the window on my side and prompted me to roll it down.
I attempted to do so, but it wasn't working. He continued knocking, and finally opened my door himself. He said that he saw me with the cigar in my hand, and said that it looked like a blunt and asked if we had weed with us. My acquaintance was ready to throw me under the bus from very early on, even though he had planned on smoking with me. He said we had nothing on us and that the officer could search the car. I started freaking out because the kid obviously knew I had weed on me and was ready to screw me over, plus the weed charges are harsh in the state of NC. The officer asked me my name, and I made one up off the top of my head. He then told me to get out of the car and asked to pat me down, which I said was fine. He found the bag I had with the weed in it, and at this point his partner in a different car rolled up and watched us while he searched the car. I waited there for a second, and when they were distracted I took off and ran probably a half mile away, they yelled at me but did not pursue.
At this point the acquaintance said that the officers told him to call me or they would put out a warrant for my arrest. After this, the officer asked him for my number, which he gave to him. At this point the officer called me twice, I didnt answer either. I'm assuming that they then went to the school directory with my phone number, because the next call I got was from my mom who said the officer called her and that I needed to go back right away. I then called the officer, who said to come back towards the gas station. I walked back and met them in a parking lot near there. I tried to be very polite and respectful, and just explained that I panicked and made a mistake. While he threw a lip of tobacco in (very professional) he wrote me 2 citations (both misdemeanors), plus I got a student conduct violation from my university.
Other crucial details include that they were not actual police officers, but a part of the ABC unit that is tasked with patrolling ABC liquor stores in the area. Also both of their cars were completely unmarked. My family is planning on hiring an attorney and fighting the case in court, and I am wondering if I have a realistic chance of getting it thrown out. Ive researched it pretty much nonstop, and the things I think could work in my favor are
A) Emptied out cigar wraps/loose tobacco is not probable cause by itself, and what I had was a full cigar filled only with tobacco
B) The State of North Carolina has an ordinance at work to reduce the power and jurisdiction of these ABC officers
C) When the officer was on the phone with my mom she asked how he got her number, and he replied "we have our ways" so he was beating around the bush. I have a feeling that it is frowned upon/illegal for them to go to the school records to get my information
D) I did not think officers were allowed to just open a car door without permission
E) They used scare tactics with both me and the other kid to try and get information out of us
This is my first ever criminal charge, so I will likely have an option of a class to at least get the drug charges off. I'm devastated that a dumb decision 2 weeks into my freshman year of college could cost me my future and career. I appreciate any input or help anyone can provide. Thanks.
Re: Drug Charge + False Info + Fleeing Scene
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mi12345
My question involves criminal law for the state of: North Carolina
A) Emptied out cigar wraps/loose tobacco is not probable cause by itself, and what I had was a full cigar filled only with tobacco
A cop need doesn’t probable cause to start the investigation. In order to stop and detain you, all an officer needs is reasonable suspicion, a standard even lower than probable cause (which itself is not a very high standard). If the officer thought it looked like a blunt, that might have been good enough. When the cop found the bag of weed, that provided the probable cause.
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mi12345
B) The State of North Carolina has an ordinance at work to reduce the power and jurisdiction of these ABC officers/
What the state legislature might do in the future to cut back their authority does not matter. What matters is what authority they had on the day this happened.
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mi12345
C) When the officer was on the phone with my mom she asked how he got her number, and he replied "we have our ways" so he was beating around the bush. I have a feeling that it is frowned upon/illegal for them to go to the school records to get my information
The officer simply did not want to tip you off as to what method was used. It is not illegal for the cop to contact your school for information. The only legal issue is whether the school violated any laws in making the disclosure. Note that even if the school screwed up, that does not help you with the criminal case because the officer did nothing wrong.
And how did the cop know your name and the school you attended? You gave the cop a false name. That suggests to me that your friend told the cop that information. How do you know that the friend didn’t also provide the phone number?
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mi12345
D) I did not think officers were allowed to just open a car door without permission
If you had rolled down your window (even just a bit) so he could talk to you first he may not have a reason to open it. Whether the officer could open it here will depend on all the facts, including the officer’s version of events, and the case law in your state.
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mi12345
E) They used scare tactics with both me and the other kid to try and get information out of us
They are allowed to threaten you with anything they could legally do, like arresting you for example. They obviously cannot threaten to kill you, beat you up, etc., to get you talk.
You have another potential problem. Drug convictions can cause you to get denied for student aid for a year or more, too. So doing illegal drugs in college today runs a real risk of screwing up your educational plans.
Re: Drug Charge + False Info + Fleeing Scene
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Taxing Matters
A cop need doesn’t probable cause to start the investigation. In order to stop and detain you, all an officer needs is reasonable suspicion, a standard even lower than probable cause (which itself is not a very high standard). If the officer thought it looked like a blunt, that might have been good enough. When the cop found the bag of weed, that provided the probable cause.
A cigar is not reasonable suspicion of a person having a blunt.
Re: Drug Charge + False Info + Fleeing Scene
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Who'sThatGuy
A cigar is not reasonable suspicion of a person having a blunt.
I think there is more to this story.
Re: Drug Charge + False Info + Fleeing Scene
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Mercy&Grace
I think there is more to this story.
I think the police are not stupid and they know what these kids were going to use it for, but it still doesn't lead to reasonable suspicion. Time to lawyer up...
Re: Drug Charge + False Info + Fleeing Scene
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Who'sThatGuy
A cigar is not reasonable suspicion of a person having a blunt.
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Who'sThatGuy
I think the police are not stupid and they know what these kids were going to use it for, but it still doesn't lead to reasonable suspicion.
Well, I could argue that “not stupid” and “knowing what they were going to use it for” actually does add up to reasonable suspicion. RS is defined as “facts and circumstances” that allow for a reasonable inference of a violation of the law. Since rolling blunts is a common method of ingesting weed, high school & college kids aren’t known for being cigar aficionados, etc. etc., a reasonable inference can be made from the stated facts and circumstances. The real question is the officer’s ability to articulate the facts and circumstances, along with their significance, that led to this inference.
However, whether the officer suspected a blunt or not might be a mute point. OP says he is a college freshman – meaning he is likely 18 or at most 19 years old. The legal age for possession or use of tobacco is 18. It would therefore likely be rather easy to believe that the officer had a reasonable suspicion that OP was under 18 and illegal to have even a tobacco cigar.
Re: Drug Charge + False Info + Fleeing Scene
Well you consented to allow them to search you and the owner of the car consented to a search of the car. LEaves very little room to contest there.
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PTPD22
Well, I could argue that “not stupid” and “knowing what they were going to use it for” actually does add up to reasonable suspicion. RS is defined as “facts and circumstances” that allow for a reasonable inference of a violation of the law. Since rolling blunts is a common method of ingesting weed, high school & college kids aren’t known for being cigar aficionados, etc. etc., a reasonable inference can be made from the stated facts and circumstances. The real question is the officer’s ability to articulate the facts and circumstances, along with their significance, that led to this inference.
However, whether the officer suspected a blunt or not might be a mute point. OP says he is a college freshman – meaning he is likely 18 or at most 19 years old. The legal age for possession or use of tobacco is 18. It would therefore likely be rather easy to believe that the officer had a reasonable suspicion that OP was under 18 and illegal to have even a tobacco cigar.
If there were a jury trial and I were a juror on this case, it would be a mistrial. :)
Re: Drug Charge + False Info + Fleeing Scene
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Who'sThatGuy
If there were a jury trial and I were a juror on this case, it would be a mistrial. :)
If you were a juror you would know the evidence of the other side. Here you only know one side. You could vote to convict based on all the evidence.
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Mercy&Grace
If you were a juror you would know the evidence of the other side. Here you only know one side. You could vote to convict based on all the evidence.
No, I just can't see you profiling someone because they're young and buy a cigar with their hard earned money. But that's just me...