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  1. #1
    Join Date
    Sep 2010
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    4

    Default Vehicle Seizure over Drug Paraphernalia

    My question involves criminal law for the state of: Pennsylvania

    I was parked on the side of the road. A state police vehicle pulled up behind my vehicle. The long story short routine is that after refusing a search of my vehicle my vehicle was confiscated. After 48 hours my wife was told that she could pick up the vehicle and that I was being charged with possession of marijuana. Three weeks later a post was made in the local newspaper saying I was being charged with driving under the influence because a small amount of marijuana was found along with drug paraphernalia. A full week later I am receiving spam, snail mail, from attorneys saying I was being or charged with drug paraphernalia. My point is that it has been a month now and nothing officially from the police or DA. Because of the newspaper post I was terminated from my employment and I have received as I have said numerous unsolicited letters or advertisements from attorneys wishing to help me with my charges. I have since then about a week ago taken a hair analysis test at my own request, paid for by me, which came back negative for any drugs. It is my understanding that this test is usually good for 90 days. So this means that I was drug free on the day of the incident. Along with all the possible question I am wondering was sort of chance I have to fight a drug paraphernalia charge when they got no drugs and I was drug free at the time.

  2. #2

    Default Re: Heavy Handed Officer

    Quote Quoting elroyo
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    I was parked on the side of the road.
    Why?

    A state police vehicle pulled up behind my vehicle. The long story short routine is that after refusing a search of my vehicle my vehicle was confiscated.
    So officers had some reason to arrest you, and search the vehicle due pursuant to the arrest?


    After 48 hours my wife was told that she could pick up the vehicle and that I was being charged with possession of marijuana. Three weeks later a post was made in the local newspaper saying I was being charged with driving under the influence because a small amount of marijuana was found along with drug paraphernalia. A full week later I am receiving spam, snail mail, from attorneys saying I was being or charged with drug paraphernalia.
    They just do that so you don't feel left out or that all the attorneys were busy chasing ambulances to hospitals. Where there are problems, there are often people trying to get paid to fix them.


    My point is that it has been a month now and nothing officially from the police or DA.
    A month really isn't unusual. The state has two years to bring misdemeanor charges (30 days would be for a summary offense, so whether or not they're outside the SOL is now dependent on what EXACT charge is filed. If you know that statute number, post it and we can check.)

    Because of the newspaper post I was terminated from my employment and I have received as I have said numerous unsolicited letters or advertisements from attorneys wishing to help me with my charges.
    The downfall of liberal public records law.

    I have since then about a week ago taken a hair analysis test at my own request, paid for by me, which came back negative for any drugs.

    It is my understanding that this test is usually good for 90 days. So this means that I was drug free on the day of the incident. Along with all the possible question I am wondering was sort of chance I have to fight a drug paraphernalia charge when they got no drugs and I was drug free at the time.
    But paraphernalia and possession charges aren't dependent on having drugs in your system...only being in possession of the paraphernalia or drugs - even a "small amount". Whether or not your test results will be admissible vs the court ordering its own testing will be highly dependent on whether or not you used a court certified testing facility and whether or not the strict procedures required by the court were followed. (Just like paternity testing, the court wants it's OWN test.)

  3. #3
    Join Date
    Aug 2010
    Location
    MD
    Posts
    101

    Default Re: Heavy Handed Officer

    Quote Quoting elroyo
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    my vehicle was confiscated.

    After 48 hours my wife was told that she could pick up the vehicle and that I was being charged with possession of marijuana.
    Since the vehicle was not in your custody for 48 hours, can you argue that the evidence was planted in your vehicle during that interval?

  4. #4
    Join Date
    Sep 2010
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    4

    Default Re: Heavy Handed Officer

    I have never been arrested for this. Period.

    Good question. Especially I know there was no drugs in the car. This was a scam by the particular State Police Trooper to have me fired from my job. That is why I am confident that no charges will ever be filed by the state. I had no drugs in my vehicle, period. The cop knew it but the only way he could get my employers attention was to mention drugs in the paper. When the mention of drugs came up my emplyoyer's attorney was sent to investigate. And after the investigation I was ternminated for and I quote "Off duty misconduct that impairs the essential relationship of trust in the associate's honesty and safety. Lawyer talk I imagine.

  5. #5
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Heavy Handed Officer

    In focusing on denying that you possessed drugs, you seem to be admitting that you possessed drug paraphernalia. The delay in charging could be that it's taking the drug lab time to test your paraphernalia for the presence of illegal drugs. If nobody has ever used your paraphernalia for illegal drugs, then the test will be negative.

  6. #6
    Join Date
    Sep 2010
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    4

    Default Re: Heavy Handed Officer

    And then what?

  7. #7
    Join Date
    Aug 2010
    Location
    MD
    Posts
    101

    Default Re: Heavy Handed Officer

    Quote Quoting elroyo
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    This was a scam by the particular State Police Trooper to have me fired from my job.

    The cop knew it but the only way he could get my employers attention was to mention drugs in the paper.
    What was his motive?

  8. #8
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Heavy Handed Officer

    Quote Quoting elroyo
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    And then what?
    If they have no evidence that you possessed drugs drugs, it's reasonable to predict that they won't charge you with possession of drugs.

  9. #9
    Join Date
    Sep 2010
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    4

    Default Re: Heavy Handed Officer

    Quote Quoting Tort
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    What was his motive?
    I had filed a charge against a coworker with the state police who apparently who told the state police trooper that the reason she blurted out to everyone that she was going to kill me was because I was smoking weed while at work. The state police man feeling that this was a good reason to want to kill someone decided to investigate my drug usage rather then her screaming out to everyone that she would kill me. The reasons for me realizing this is first because it was 3 days later that he pulled behind my vehicle and second none of my witnesses have ever been questioned in the case. The only way once again that my work would have got involved was this cop knowingly lying in his police report so it would get in the press. Flimsy but that is the way it happened.

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