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  1. #1

    Default Pulled Over by the Police, Drug Paraphernalia Was Taken

    My question involves criminal law for the state of: Pennsylvania

    First off, I have a clean record, zero convictions, in fact - this is the first time I have ever been pulled over by a police officer.

    I was driving and was pulled over. The officer said he ran my plate and it showed up in F status. I showed him my proof of insurance and he went back to his car and verified it. I had insurance.

    The officer said he smelled marijuana. He asked if I was smoking or if there was anything in my car. I do not smoke and I told him no, nothing was in my car. He asked again and said K9 could come out. I thought about it and remembered that there was a marijuana grinder in my car. No idea how he smelled that, but I gave it to him.

    He thanked me and said I was free to go. Obviously, he kept the grinder. He did not give me any citation but he said I would get something in the mail, and drove off quickly to run a passing cars plates.

    What am I looking at? I do not smoke. I'm aware that's no excuse, I don't even remember or know how that grinder got in my car, again, not an excuse.

    Is it a fine I am getting in the mail? Should I talk to a public defender? Will I go to jail? What are the possible outcomes? Is he even going to send anything at all? Will this be on my record?

    I am really scared... again, I've never been in any legal trouble ever!

  2. #2
    Join Date
    Jun 2014
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    185

    Default Re: Pulled Over, Paraphernalia Taken by Police, Scared

    Quote Quoting weliveinawheel
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    My question involves criminal law for the state of: Pennsylvania

    I was driving and was pulled over. The officer said he ran my plate and it showed up in F status. I showed him my proof of insurance and he went back to his car and verified it. I had insurance.
    I thought an officer had to have some kind of probable cause or reasonable suspicion before running a license plate.


    The officer said he smelled marijuana. He asked if I was smoking or if there was anything in my car. I do not smoke and I told him no, nothing was in my car. He asked again and said K9 could come out. I thought about it and remembered that there was a marijuana grinder in my car. No idea how he smelled that, but I gave it to him.
    He probably did not smell anything and simply lied to you.

  3. #3
    Join Date
    Sep 2005
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    California
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    Default Re: Pulled Over, Paraphernalia Taken by Police, Scared

    Quote Quoting John_28
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    I thought an officer had to have some kind of probable cause or reasonable suspicion before running a license plate.
    Nope.

    He probably did not smell anything and simply lied to you.
    Certainly a lucky guess, then.

    If the OP never smoked marijuana and did not have friends who smoked it, how and why was a grinder in his car? If HE doesn't smoke marijuana, clearly he hangs with people who do. Marijuana has a distinctive and pungent aroma that is easily recognizable to those of us who do not smoke it. It doesn't take much to give off the telltale odor of weed.

  4. #4

    Default Re: Pulled Over, Paraphernalia Taken by Police, Scared

    Well. Never said I didn't have friends who do. Bringing them up is pointless as they are not in the situation I am.

    Unfortunately for me, I'm actually not involved in what was in my car. But being honest was really all I could do and it sucks that I'm in this position considering that I don't smoke. I just don't know what to expect... kinda why I'm here.

  5. #5
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    Sep 2005
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    California
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    20,594

    Default Re: Pulled Over, Paraphernalia Taken by Police, Scared

    Quote Quoting weliveinawheel
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    Well. Never said I didn't have friends who do. Bringing them up is pointless as they are not in the situation I am.
    This explains the odor, then.

    Unfortunately for me, I'm actually not involved in what was in my car. But being honest was really all I could do and it sucks that I'm in this position considering that I don't smoke. I just don't know what to expect... kinda why I'm here.
    That's what happens when you hang with people who do break the law - you get caught up in their crud. Unfortunately, possession of paraphernalia is a crime of dominion and control and not ownership, so you're pretty much stuck with it.

    This appears to be a misdemeanor with a gravity score of 1. I am not sure what that means under PA law, but, I suspect it means a fine and probably no jail time. One attorney's site I looked at indicated that it could provide for up to a year in jail and a fine of $2,500. I would think that a first offense would be highly unlikely to include jail time, though probation is a possibility, I imagine.

  6. #6
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    Mar 2013
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    18,340

    Default Re: Pulled Over, Paraphernalia Taken by Police, Scared

    Quote Quoting weliveinawheel
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    Unfortunately for me, I'm actually not involved in what was in my car.
    That's the funniest thing I've ever read.

  7. #7
    Join Date
    Sep 2010
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    Default Re: Pulled Over, Paraphernalia Taken by Police, Scared

    Small amounts of marijuana would be just a ticket (summary offense) potentially. You'd pay $150 or so and that would be the end of it.

    However, due to a bizarre quirk in the law, paraphernalia was not made a lesser offense as the pot itself. What you'll receive (if they pursue it), is actual MISDEMEANOR criminal charges. Most likely it will be the form of an notice of preliminary hearing/preliminary arraignment. It would behoove you to have a lawyer at that point. This is where the plea bargains (or outright dismissal of the charges) are usually resolved. Failing that, the next sound you'll likely hear is the actual charges and a date in Common Pleas court for your arraignment at which time they'll either accept your guilty plea or move forward with your court trial. If you indicate you are pleading guilty they may still have you back so they can send you for a presentence investigation at the probation department. Once convicted, you'll probably get probation which you'll likely be sent up to the PO immediately. You can expect to be drug tested early on and again at times throughout your probation. You can also expect to be presented a bill from the state for somewhere between $1500-3000 for the various costs (it's laughable what goes on this bill as itemized charges). Of course, they'll let you make payments (it will be a condition of your probation).

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