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  1. #1
    Join Date
    May 2011
    Posts
    3

    Default Caught with Marijuana Twice in One Week

    So earlier this week cops illegally searched my friends car because we were pulled over to the side. We did not smoke weed in the car but we did come from our friends house. In the end the cops said the found a joint clip in our car (was not in our car) and gave us all DAT's and said if we didnt cooperate we would get sent to bookings so we cooperated. I cooperated only so i could fight the case later.

    Yesterday in the same week I got arrested because there was a joint clib that we put in my friends passenger side when we got searched again for being parked in a no stand zone. I received another DAT.

    I have 1 ACD in my past that has been over and completed.

    Does anybody know what my sentencing will be like? Also I will most likely try to knock off both DATS on the same day. is that a good idea?

    This happened in NY

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Caught with Marijuana Twice in One Week

    What makes you think the search was "illegal?" You do know that marijuana has a very distinctive odor to it that clings to clothing, hair, skin, etc. after use, right? You may not have smoked it in the car but if you just came from your friends' house where you DID smoke it, the officer likely smelled the marijuana on you. If the odor of marijuana is sufficient to justify probable cause in NY state, then the search was likely good. Likewise if the driver of the vehicle gave consent for the officer's to search it was legal.

    In any event, can you see how marijuana seems to be screwing up your life? Perhaps it is time to reconsider the drug lifestyle.

    As for sentencing, what specific statute have you been charged under?

  3. #3
    Join Date
    May 2011
    Posts
    3

    Default Re: Caught with Marijuana Twice in One Week

    yes i have already decided to not smoke marijuana again. As well as not to even hang out with my friends when they are high or have any drugs on them. Actually I believe it was an illegal search because the car did not smell like weed and everybody in the car had sufficient time to air out. 3 out of 4 of us were sober but they saw one kid who was high and they decided the rest of us were high. As for evidence they pulled out a joint clip that was not even in the car... But that cannot be changed.

    I am being charged under 221.10.01 which is the lowest charge attainable for marijuana possesion i believe. This is for both DAT's.

  4. #4
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: Caught with Marijuana Twice in One Week

    You think everybody had time to air out. If one person was still spaced out enough for the police to determine he was high, odds are the smell was still there. Are you alleging these officers were carrying around drug paraphernalia waiting for someone to plant it on? Or is it more likely that one of your stoner buddies simply forgot it was there? Where did they find it that you can say 100% you know it was not there? Since it wasn't your car, you can't possibly assert that unless you personally cleaned the car of any paraphernalia immediately prior to entering it and even then you might have missed something. If you can prove the officers planted the evidence, you fight the first charge.

    Good idea to quit the wacky tabacky. You might want to consider firing those friends entirely as you can never be positive that they aren't high or carrying. After all, drug users are not known for being the most honest bunch around.

    Most likely you are looking at a bunch of community service, fines, some probation and probably some kind of drug awareness class.

  5. #5
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,170

    Default Re: Caught with Marijuana Twice in One Week

    Quote Quoting free9man
    View Post
    After all, drug users are not known for being the most honest bunch around.
    Apparently, they're not the smartest bunch either... You'd think they'd learn their lesson the first time... Yet they get THE SAME WAY and ONLY ONE WEEK LATER!!!

  6. #6
    Join Date
    May 2011
    Posts
    3

    Default Re: Caught with Marijuana Twice in One Week

    Quote Quoting That Guy
    View Post
    Apparently, they're not the smartest bunch either... You'd think they'd learn their lesson the first time... Yet they get THE SAME WAY and ONLY ONE WEEK LATER!!!
    lol. not that dumb though considering we all do have over 2000's on our SAT's. but not defending drug users considering that i agree that the majority of them are not the smartest bunch.

    I actually believe we only got caught because the police in my neighborhood are extremely anal. But we were doing illegal things so them being anal and just searching us illegally is justified in a sense. Thanks for your help guys.

  7. #7
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Caught with Marijuana Twice in One Week

    As one who does not smoke marijuana and has spent a career addressing the drug problem, let me be the first to tell you that one does not just "air out" after smoking. The aroma will linger for quite some time - even days. So, if the officer smelled the marijuana, and the odor is sufficient to justify a search in your state (and in most, it is) then the search would hardly be "illegal."

    Until a court suppresses the evidence the search is good. You can hire an attorney to challenge the search if you wish. But, it might be far more costly than the fines you'd pay for the offense, but, that's your call.

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