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  1. #1
    Join Date
    Jul 2010
    Posts
    2

    Default Disorderly Conduct for Marijuana Possession

    My question involves criminal law for the state of: Pennsylvania

    I was in the backseat of my friend's car when we stopped at a DUI checkpoint. None of us were under the effect of any drug. One officer began asking questions at the driver while another officer noticed my book bag and asked for my friend to open it.

    Inside, the officer found a pipe and less than half a gram of marijuana. I admitted the bag and marijuana belonged to me.

    They searched the car and my person but found nothing else.

    They gave me a non-traffic citation summons for disorderly conduct. (Section 5503, Sub Sec. A)

    Under the nature of offense, the officer wrote, "Possessed a small amount of marijuana which served no legitimate purpose."

    The officer did not mention the pipe or give me a drug charge. Instead, the officer said it would be more like a traffic ticket.

    I am supposed to respond in ten days.

    My question is, should I just plead guilty and get this out of the way? How do I go about doing that? What is the best course of action?

    Thank you for any advice.

  2. #2
    Join Date
    Mar 2010
    Location
    Florida
    Posts
    66

    Default Re: Disorderly Conduct for Marijuana Possession

    Unless there was some probable cause like he smelled it or saw it laying out they should only focus on the reason for the stop.

    Once seeing that the driver was not impaired they should have let your car continue through.

    There have been law suits lately over just this type of scenario.
    He may have gone with a disorderly to hide an illegal search.
    At any rate you have nothing to lose by fighting it.

    Research the laws and Supreme Court decisions about DUI check points.
    Google Brett Darrow(sometimes called Brent) and follow his story here on this forum under Maxima lover.He just loves those DUI checkpoints.

    One person can make a difference.

  3. #3
    Join Date
    Jul 2010
    Posts
    2

    Default Re: Disorderly Conduct for Marijuana Possession

    Once seeing that the driver was not impaired they should have let your car continue through.
    They noticed a carton of eggs in the backseat and suspected we were going to egg cars, buildings, ect.

    Then they asked to search my bag.

    Either way, I got the disorderly. How should I fight it? What are the first steps I should take?

    Or, what's the cheapest way to get rid of this whole thing, minus going to jail.

  4. #4
    Join Date
    Mar 2010
    Location
    Florida
    Posts
    66

    Default Re: Disorderly Conduct for Marijuana Possession

    To hire a good lawyer would be best.But if that's not feasible at least call some that offer free consultation and ask them questions.A DUI lawyer should well versed in this area.
    Go to DUI defense lawyers websites and read their blogs and articles related to checkpoints.http://www.duiattorney.com/dui-basics/dui-checkpoints[/URL] is a good start.

    The probable cause sounds weak.Eggs on the seat is suspicious but to call it probable cause seems a stretch.

    If you find the checkpoint violated any laws then then the search may have been illegal.You might be able to beat it but it will require having a better knowledge of this area of law than the Judge,police and prosecutor.

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