Charged With Possession of Paraphernalia That Was Not Mine
My question involves criminal law for the state of: indiana
I'm on probation, was in a car with friends when we got pulled over. Cop decides the car smells like pot (...it might have a bit, not anything we'd been doing that day, i didn't notice it strong), so they get us out of the car, search us, search it. I'd been in the back, where my feet had been, under a pile of crap they find a pipe.
I get charged with paraphenalia. (my second paraphenalia charge. and i'm on probation - not for paraphenalia)
Why is this my charge? Why'd he skip the driver or car owner??? (I have 'met' this cop before, we didn't get on great last time) Can I fight this easy? I mean, cop really had to be thorough to find it. None of us had any other paraphenalia or pot or anything.
Will they fingerprint the thing? Can I request that? I haven't seen it before.
The driver is not the car owner, driver says he hasn't seen it either...
Re: Charged With Possession of Paraphernalia That Was Not Mine
You were charged because the pipe was under your feet. It probably didn't help you a bit that you and the officer have a history.
The "It's a magic pipe that appears to have come from nowhere, and belongs to no one we know" defense isn't very compelling.
It's usually not productive to try to lift fingerprints from a pipe. Your lawyer can advise you as to whether they tried, and as to whether you want to bear the cost of having your own expert examine the pike and try. The absence of your fingerprints doesn't mean that the pipe was not yours.
Re: Charged With Possession of Paraphernalia That Was Not Mine
Thanks for the reply.
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Mr. Knowitall
You were charged because the pipe was under your feet.
Under my feet and buried. I really did mean there was a pile of crap. Not exactly an easily accessible hiding place.
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Quoting
Mr. Knowitall
The "It's a magic pipe that appears to have come from nowhere, and belongs to no one we know" defense isn't very compelling.
I'd like to suggest that the driver's brother (the car owner) knows something about it....that's a bit of an awkward conversation tho...
And he wasn't there anyway...
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Mr. Knowitall
and as to whether you want to bear the cost of having your own expert examine the pike and try.
Do you know what sort of region the cost of that could be in? Obviously, I'm concerned about being on probation and all, I really don't want this.
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Quoting
Mr. Knowitall
The absence of your fingerprints doesn't mean that the pipe was not yours.
Well yeah, but it doesn't help THEM right? Surely the burden of proof is on them to prove it's mine rather than mine to prove it's not.....this wouldn't help THEM a lot would it?
Thank you.