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  1. #1
    Join Date
    Dec 2012
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    2

    Default Marijuana Possession and Paraphernalia

    My question involves criminal law for the state of: Kansas

    We intend to get a lawyer, but my husband and I were hoping we could get an opinion on our situation in the mean time. Neither of us have a record.

    On our way to visit family across the state, we were stopped by a city police officer right outside of a city that we were never in. My husband uses marijuana medicinally, and although we know it is illegal, it immensely improves his quality of life and I do not judge him for it, but I am not a user. We had about 10-14 grams in a jar in the vehicle, as well as a bong and a pipe.

    When pulled over and asked if he knew why, my husband confusedly asked if it was due to his lack of a seat belt. The officer told him he was speeding, going 53 in a 40, to which he replied that he was not aware he was in a 40 zone (he wasn't - we were driving and pulled over in a 65 zone). I could not find our proof of insurance, although we do indeed have it, and I was attempting to pull up an electronic version when the officer walked away.

    The officer called in a sheriff for backup, I assume because we were outside the city limits. Several squad cars came, and both my husband and I were cuffed. They questioned us, I was not truthful as I was terrified, but my husband told them everything. We were both questioned, and they asked if we had anyone to come get our car and dog as we were both going to jail. We told them we don't know anyone in that area that could do that for us, which was the truth. They surrounded my husband and told him that if he helped them catch someone else that they would let me go, so he agreed.

    After I bonded him out of jail he was told to contact someone about being an informant after the holidays. He does not intend to help them, as he would never do that to even his worst enemy, that is, sacrifice someone in his place. They said they would come and arrest me (two towns over) if he didn't help, but I told him not to involve anyone else.

    When we received the ticket later, we were cited as having been pulled over a block into the city limits of this town, when we were most definitely about half a mile outside of the town, and the officer that pulled us over was outside the limits when she signaled for us to pull over as well. The city speed limit is 40 mph but we were never there, and we were pulled over for no reason.

    I am curious, should we be worried about them coming to our house? It would be about a 30 minute drive for them from their city to the city we live in. Can they come after me now that he has gone back on their deal? It was spoken only.

    Also, is there any way he might get a deferment on his charges, considering that he is a first time offender with no record? (They hit him with everything they could: Marijuana Possession, Paraphernalia, 53 in 40 (we were pulled over in a 65 zone but the cop lied on the ticket), No Seat Belt, No Proof of Insurance (we have insurance).)

    One more thing, can they read the texts on our cell phone and use that as evidence or a reason for a search warrant for our house? They do not have our phone, but they do have our number.

    Like I said, we plan on getting an attorney but we are freaking out in the mean time. 300 miles to the west of us this would not be an issue, but I have to finish school before we can move, so it is just very stressful. Thanks for any help you can give.

  2. #2
    Join Date
    Sep 2005
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    Default Re: Marijuana Possession and Paraphernalia

    Quote Quoting lab_lover
    View Post
    We had about 10-14 grams in a jar in the vehicle, as well as a bong and a pipe.
    Grams? Not ounces?
    Quote Quoting lab_lover
    The officer called in a sheriff for backup, I assume because we were outside the city limits. Several squad cars came, and both my husband and I were cuffed.
    There are huge omissions from your story. How do you get from your husband being confused about his seat belt and not having proof of insurance to several police vehicles responding to the scene and your being arrested.
    Quote Quoting lab_lover
    They questioned us, I was not truthful as I was terrified, but my husband told them everything.
    They questioned you about something. You lied about something. Your husband told the truth about something. Are we supposed to guess?
    Quote Quoting lab_lover
    When we received the ticket later, we were cited as having been pulled over a block into the city limits of this town, when we were most definitely about half a mile outside of the town, and the officer that pulled us over was outside the limits when she signaled for us to pull over as well.
    Odds are the officer marked down the location where he observed your husband speeding, which was different from the place where he pulled your husband over.
    Quote Quoting lab_lover
    Also, is there any way he might get a deferment on his charges, considering that he is a first time offender with no record? (They hit him with everything they could: Marijuana Possession, Paraphernalia, 53 in 40 (we were pulled over in a 65 zone but the cop lied on the ticket), No Seat Belt, No Proof of Insurance (we have insurance).)
    Simple possession or possession with intent to deliver?
    Quote Quoting lab_lover
    One more thing, can they read the texts on our cell phone and use that as evidence or a reason for a search warrant for our house? They do not have our phone, but they do have our number.
    If they get a warrant for your cell phones, and the texts show that you are drug dealers, they can certainly use that information to get a warrant to search your home.

  3. #3
    Join Date
    Dec 2012
    Posts
    2

    Default Re: Marijuana Possession and Paraphernalia

    Quote Quoting Mr. Knowitall
    View Post
    Grams? Not ounces?

    There are huge omissions from your story. How do you get from your husband being confused about his seat belt and not having proof of insurance to several police vehicles responding to the scene and your being arrested.

    They questioned you about something. You lied about something. Your husband told the truth about something. Are we supposed to guess?

    Odds are the officer marked down the location where he observed your husband speeding, which was different from the place where he pulled your husband over.

    Simple possession or possession with intent to deliver?

    If they get a warrant for your cell phones, and the texts show that you are drug dealers, they can certainly use that information to get a warrant to search your home.

    Yes, GRAMS not OUNCES. If we had ten ounces of marijuana we would both be in prison right now because that is an incredible amount. We had less than an ounce. And no, we are not drug dealers. Like I said, he smokes for medical reasons and I do not smoke, but we do not sell marijuana.

    Sorry for the omission - he was confused about getting pulled over, she smelled marijuana. We DO have proof of insurance but when I was trying to show it to the policewoman she told me to get out of the vehicle, which I did. She called for backup because she smelled it.

    Sorry, I lied and said that I didn't know the marijuana was under my seat. My husband came clean from the get go.

    The officer marked down on the ticket a place that we were never at... he said we were two blocks into the town, when the highway we turned off of is right outside the city limits. We most definitely never passed the intersection where we were cited, and we were most definitely not speeding, as the speed limit for the location where we actually drove is 65 (we were going 53, as we had just pulled off the exit and onto the other highway).

    Possession, no intent to deliver... because as I said, we had less than an ounce.


    Hope that clears everything up.

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