Found in Possession of Hashish After Traffic Stop

[matt4200]

Do any of the case laws that make the Stance/opinion/ruling of the AG regarding hash as being considered as marijuana under Prop 215 have anything to contradict it being okay to have 1 gram of hash?

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Also I just looked it costs over $200 in Ventura County to get that WTF thats really expensive and over-priced thats why no one gets one of those DHS cards

[cdwjava]

If it is a private website, you can ask them, but you probably could not MAKE them take it down as it was true at the time. It might be very expensive to sue them and get an injunction. But, if you can get a finding of factual innocence (filed with the DA, the arresting agency, and/or the court) that also erases the arrest record they might voluntarily take it down.

[matt4200]

But if the arrest alone was declared bad or malicious then wouldn't they have to take it down as it would be slanderous?

[cdwjava]

But if the arrest alone was declared bad or malicious then wouldn't they have to take it down as it would be slanderous?

Not necessarily.

As I said, you can petition the DA, police, and the court (if necessary) for a finding of factual innocence and get your record of the arrest purged. Then, maybe, they will take it down.

http://law.onecle.com/california/penal/851.8.html

Your county court may have specific forms and information on the process.

[matt4200]

Okay, another question my friend went through basically the same situation he was handcuffed booked and thrown in jail for possession of hash a couple months ago but when he was brought to court from the jail for arraignment he was given a letter saying we apologize for any inconvenience, you were never actually arrested only detained for 3 days he was never Mirandized and was throwin in van nuys jail ! He never actually saw a judge or anything, he was released right then and there no charges, because he was never arrested only detained.

But recently he noticed the same website wrote one of those things about him almost the same exact thing.

Could he force them to take it down because the police and DA both say that he was never arrested? Only detained

[cdwjava]

Okay, another question my friend went through basically the same situation he was handcuffed booked and thrown in jail for possession of hash a couple months ago but when he was brought to court from the jail for arraignment he was given a letter saying we apologize for any inconvenience, you were never actually arrested only detained for 3 days he was never Mirandized and was throwin in van nuys jail ! He never actually saw a judge or anything, he was released right then and there no charges, because he was never arrested only detained.

But recently he noticed the same website wrote one of those things about him almost the same exact thing.

Could he force them to take it down because the police and DA both say that he was never arrested? Only detained

He can ask them to take it down, but he cannot FORCE them to do anything absent a court order. And while the legal system may now consider it a detention, the FACT is that he WAS taken into custody in the form of an arrest so the website is not lying in any way.

Is this some private organization that posts bookings online?

[matt4200]

It was never declared an arrest though and he was never mirandized. and I guess it's a blog that comes up when you type his name into google

[cdwjava]

It was never declared an arrest though and he was never mirandized. and I guess it's a blog that comes up when you type his name into google

Miranda is not required in about 9 out of 10 arrests.

And if the police handcuff you, transport you to jail or a holding facility for photos and prints, you have been arrested. All because there is a legal procedure that allows for the "arrest" to later be declared a "detention" per PC 849(b) or some other mechanism does not change the fact that it happened and by any objective standard an arrest occurred.

You and your friend can take up the matter with the website in question. What they can do or will do if presented with a determination of factual innocence issued pursuant to PC 851.8 is something I cannot answer.