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  1. #1
    Join Date
    Jul 2014
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    3

    Question Misdemeanor Amount of Marijuana

    My question involves criminal law for the state of: FL

    I was stopped tonight on my way home from the store, I had about 3 grams of pot on me and I gave it to the officer without a hassle. At first he said he wasn't going to "arrest" me for this misdemeanor possession charge, but he was possibly going to write me a citation. He came back to the car and asked me to step out, he patted me down then began talking to me. He asked me who I got it from, and told me he was a 'Narcotics Agent', and that he was looking for some big time dealer. The deputy said "you know how it goes, you give up someone and I let you off". He asked me to do a deal and bust the person I had gotten my small amount of pot from, I told him no and that I'd be in fear. He asked me who I got it from and I just said a random first name. He kept pressing me for more asking for people who deal in 'cocaine' and 'roxys'. Telling me that I could trade out my misdemeanor for 2 felony arrests. We kept on talking and he asked what I was doing with my life, I told him my plans and he said "how about this, you call me once a month on this date, and enroll into trade school and get your GED, or enroll into the high school (already enrolled)". We talked some more and he changed it, he said "how about you call me once a month on this date, and you finish high school or get your GED, if you fail to do either of those I will be coming to get you on a warrant." I received no paper work on scene, no citation, nothing. He only took down my info. (DL was in my wallet which was at home in my room so he had to ask me for it.)

    My question is, can he send me a citation or a summons in the mail? Or could he come and arrest me like that, under those circumstances?

    I found this online, would it apply to my situation?
    Rule T2.02 (b), requires “that the arresting/ detaining officer "shall serve a copy of the complaint and citation on the person."
    This is regarded as mandatory and it must be pointed out that it was not done “processed” properly and is therefore defective for the following reason(s):

    RCW 46.64.015 provides that “An officer may not serve or issue any traffic citation or notice for any offense or violation except either when the offense or violation is committed in his or her presence,...”

    The superior court [of Washington state] recognizes that Rule T2.02 applies to this situation:
    “...that there should have been personal service of the citation... The court ruled that, because the only service was by mail, the process was defective...”
    The court thus dismissed the complaint. -- State (of Washington State) v. Doolittle 69 Wn.2d 744 (1966), 419 P.2d 1012

  2. #2
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    Default Re: Misdemeanor Amount of Marijuana

    Can he charge you? Of course. Will he? Without knowing the facts of his detention of you, we cannot comment on whether the officer acted properly in what was presumably initially a Terry stop. We cannot promise you how the officer will react when he determines that you made up a name (which I hope was not the name of a real person) for your drug dealer. The stuff about checking up on you to make sure you're in school or pursuing a GED? I doubt that the officer has the time or inclination to do so, although it would be a good idea for you to graduate with or without that added incentive.

    You're in Florida. Even if that Washington authority would be helpful to you in the State of Washington (and it would not), it has no relevance to criminal charges in the State of Florida.

  3. #3
    Join Date
    Jul 2014
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    3

    Default Re: Misdemeanor Amount of Marijuana

    I am finishing either way, but I have been told that if there was no report on the stop, then it doesn't even exist. He didn't report that he took the pot from me, nor did he call any of it in. I am wondering how is it that he could charge me months after for this, if he didn't report that he had taken that from me.
    And it wasn't a "terry" stop, he followed me up the back road right next to my house and when I took a sharp corner I kinda moved to the other side of the road (it's unlined and a small road), he followed me a little longer then put on his lights. He told me that "no other officer would let you off like this", what I'm thinking is the fact that he let me off then and there means I'm free of the charges, there's no way he can blackmail me into calling him every month or I goto jail, is there? That would be under the courts jurisdiction, and I'm not on probation nor was given a citation or any paperwork. I would actually feel harassed because I know if I call him he's going to ask for info each time and I'm not that guy. lol

    I didn't give him the full name of the person who "I got it from". Only the first name.

  4. #4
    Join Date
    Jul 2014
    Posts
    441

    Default Re: Misdemeanor Amount of Marijuana

    The cop and the stop and whether he calls you every month should be the least of your worries.

    So, his questions were good ones: what is your educational situation? Do you plan on just sitting around smoking weed everyday for the rest of your life?

  5. #5
    Join Date
    Jul 2014
    Posts
    3

    Default Re: Misdemeanor Amount of Marijuana

    How is that the least of my worries? I am worried about getting a citation or summons or something in the mail, or having him come arrest me if possible. That's what I'm wondering, if he could bring this up at a later date and charge me for it. I told him what I was planning on doing and he said he wants to see me be a productive member of society, and that I should call him and finish or he'll be here to arrest me. (I was already finishing school only have 3 more tests to go, doing my next one in 2 weeks.) On a misdemeanor charge? Is that possible?

    - - - Updated - - -

    I told him what I plan on doing, and what I like. Either taking a trade for welding or a trade for A/C repair. He said I seem like a good kid (I'm 18) and he wants to see me do something productive. But people who know the cop say hes kinda dirty.

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