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  1. #1

    Default Drug Paraphernalia Charge After Search of My Locked Trunk

    My question involves criminal law for the state of: Illinois
    hay, I was recently stopped in my parked car, while waiting for a friend. The cops pulled up, told me he got a call for disturbance down the street, which was not me, I was not down the street. he insisted I step out of the vehicle because he smelled " cannabis" he searched my vehicle and found cannabis on the passenger side, which my friend later confessed to being his. The cop went onto search my locked glove department and my locked trunk without my consent, in the trunk he found a gravity bong, and wrote me a citation for paraphernalia. What should I do? this is my first offense. I can't afford a lawyer, but I am willing to consult with one.. I was willing to go see the da and ask them to reduce the charges for community service and a fine or something. I am in college and really don't want this on my record. The citation was issue in Will County Illinois, ordinance violation 13-23. My question now is, what should I do? on will county site it says the penalty for this is 250$ , if I paid 250 would it still go on my record? please help

  2. #2

    Default Re: Drug Paraphernalia Charge

    Quote Quoting kobecheese24
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    My question involves criminal law for the state of: Illinois
    hay, I was recently stopped in my parked car, while waiting for a friend. The cops pulled up, told me he got a call for disturbance down the street, which was not me, I was not down the street. he insisted I step out of the vehicle because he smelled " cannabis" he searched my vehicle and found cannabis on the passenger side, which my friend later confessed to being his. The cop went onto search my locked glove department and my locked trunk without my consent, in the trunk he found a gravity bong, and wrote me a citation for paraphernalia. What should I do? this is my first offense. I can't afford a lawyer, but I am willing to consult with one.. I was willing to go see the da and ask them to reduce the charges for community service and a fine or something. I am in college and really don't want this on my record. The citation was issue in Will County Illinois, ordinance violation 13-23. My question now is, what should I do? on will county site it says the penalty for this is 250$ , if I paid 250 would it still go on my record? please help
    Without your consent? If they were locked, did he break into them? Or did he do so after you voluntarily opened them or gave him the keys?

  3. #3

    Default Re: Drug Paraphernalia Charge

    no, the cop frisked me hand cuffed me and took the keys away from me which were in my pocket, as he went unlock my glove department, I told him without a warrant he could not, and he did whatever he wanted, his words to me were " we found cannabis we can search where ever we like" "you can play street lawyer" this followed with a threat of an arrest. with a laugh while the other cop made racists remarks towards us.

    - - - Updated - - -

    is it possible anyone can give me any advice as to what I should do.

  4. #4
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    Default Re: Drug Paraphernalia Charge

    You can get a copy of the police report and discuss it with your lawyer.

    You were apparently arrested for possession of the cannabis found in your vehicle. If the car was subsequently impounded, odds are the search of the trunk and glove box will fall under the penumbra of the "inventory search". Was the vehicle impounded?

  5. #5
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    Mar 2013
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    Default Re: Drug Paraphernalia Charge After Search of My Locked Trunk

    Quote Quoting kobecheese24
    View Post
    The citation was issue in Will County Illinois, ordinance violation 13-23. My question now is, what should I do? on will county site it says the penalty for this is 250$ , if I paid 250 would it still go on my record? please help
    I think you'd better consult an attorney ASAP and otherwise keep your mouth shut about this to anybody else.

    According to a resource for the Will County Ordinances the violation is under Title XII, Chapter 132 Drug Offenses Paragraph 132.03 and the penalty is a fine of $250 to $1000 plus the administrative fee:

    http://www.amlegal.com/nxt/gateway.dll/Illinois/willcounty_il/willcountyillinoiscodeofordinances?f=templates$fn= default.htm$3.0$vid=amlegal:willcounty_il

    As for your record, of course it will go on your record.

  6. #6

    Default Re: Drug Paraphernalia Charge

    I wasn't arrested, I was cited and released. My car wasn't impounded he wrote me a citation for paraphernalia for the bong in the trunk and let me go. my friend also received one for possession of cannabis that was found in the car which was his and confessed to, and he was also let go. We were never arrested. Just cited, if i'm using the right terminology.

  7. #7
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    Default Re: Drug Paraphernalia Charge

    When you sit down with your lawyer you can discuss whether the officer had a proper basis to enter the trunk, based upon what he wrote in the police report. If your lawyer concludes that he did not, then your lawyer can file a motion to suppress the evidence found in your trunk. That won't help you with the marijuana your friend brought into the car, as the officer's location of the drugs was separate from his search of the rest of the vehicle.

  8. #8

    Default Re: Drug Paraphernalia Charge

    would it be best to talk to a lawyer from that county?. If I can't afford a lawyer would a public defender be able to do this? though i will try to get a lawyer. Can a public defender bargaining as far as reducing the charge or a diversion. sorry for all the questions. I will be sure to talk to a lawyer first.

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