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  1. #1
    Join Date
    Aug 2010
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    6

    Default Possession and Disorderly Conduct

    My question involves criminal law for the state of: Pennsylvania

    My roommate was stopped on suspicion of DUI by a statey, he was arrested. I was passed out in the car, cop asked if I could drive the car home and went to give me a field sobriety test, checked my pocket and found a small amount of Mary Jane. He charged me with Disorderly Conduct, and on the ticket made mention of the Marijuana. I would like to pay the ticket and just be done with it, but I work in avation, where a drug charge would severely mess things up. I want to know if I can just pay this and it not effect me or should I try to fight it?

    Thanks.

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Possession and Disorderly Conduct

    What's the exact charge - the statute or ordinance number? Is it 18 Pa. Cons. Stat. § 5503? That's generally a summary offense.

  3. #3
    Join Date
    Aug 2010
    Posts
    6

    Default Re: Possession and Disorderly Conduct

    The charges are:

    S 18 §5503 §§A4 Disorderly Conduct


    Which after looking up "§5503 §§A4" I see that it's; "DISORDERLY CONDUCT-HAZARDOUS/PHYS OFFENSIVE CONDIT" How about the "S 18" part, what does that denote? On the ticket says "Marijuana" just that word that alone associated with my name can ruin my current career path, that's what i'm worried about. Although, now looking at a list of possible charges: http://ucr.psp.state.pa.us/UCR/Retur...tatuteXREF.pdf
    I should be alright, what would you say Mr. KnowItAll?

  4. #4
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Possession and Disorderly Conduct

    If grass is the kiss of death to your career, why would you use it?

  5. #5
    Join Date
    Mar 2010
    Location
    Florida
    Posts
    66

    Default Re: Possession and Disorderly Conduct

    What was the probable cause for a search,or even a Terry pat?

  6. #6
    Join Date
    Aug 2010
    Posts
    6

    Default Re: Possession and Disorderly Conduct

    @cyjeff Most people have their vices, I'd prefer to smoke and dream of Hershey Bars then get stupid drunk and go drive into oncoming traffic, getting myself killed. Case and point: My old man.

    greenmancan: He had no cause on me, he took me out of the car for a field sobriety test so I could drive my friend's car home. When I got out I was nervous, and my natural thing to do when i'm worried? Put my hands in my pockets. The other officer told me to take my hands out of my pockets, which I did immediately. That's the ONLY thing they could of had on me. Before he even gave me the test he started going through my pockets and found it in my wallet.

  7. #7
    Join Date
    Mar 2010
    Location
    Florida
    Posts
    66

    Default Re: Possession and Disorderly Conduct

    The officer only needs suspicion you might be packing for a terry pat.Unless it was in a gun shaped or knife shaped container there was no reason to search further.
    A terry pat is a weapons check only(for the officers safety).

    The Supreme court has been very clear on this.The terry pat itself is questionable as to being constitution so the court gave it fairly strict rules.

    I don't see any probable cause so you need to see what kind of fantasy this officer cooked up in his report.Maybe he thought marijuana was a weapon.You may need to plead not guilty to request discovery.This seems to be one of those situations where it would be worth 2500-5000 dollars for a good lawyer.It will be public record when resolved but someone would have to know it happened to ask for it.

  8. #8
    Join Date
    Aug 2010
    Posts
    6

    Default Re: Possession and Disorderly Conduct

    He found it after going through my wallet a bit in a zippered off pouch. He asked what was in the pouch and I replied a "condom" I guess he thought I was to ugly to actually need one of those so he checked farther. I could see that as going MUCH farther then a terry pat. Could I have a public defender assigned to me, because the money situation is not looking to good right now to find a good lawyer.

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