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  1. #1
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    Jul 2015
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    Default Confessing to Possession of Somebody Else's Drugs

    My question involves juvenile law in the State of: Illinois

    Hello. I am 17 years old in the state of Illinois. Last night, (well today at 2am), I made the decision to pull over in a parking lot to look for directions. An officer pulled up a few minutes later. I turned off the radio, and she came over and asked what was going on. I said I was just looking for directions, and she asked to see my identification because I had made a "furtive movement." I have bad anxiety and started panicking. My friend tried to handle the situation, but the officer told her to shut up. She went back to her car and me and this friend talked. This friend is 18 years old, and we were debating what to do.

    A minute later, the officer returned and asked if she could search the car (probable cause being furtive movement and suspicious parking activity). Although my friend said no, I thought (since driver's ed teaches you this) it would make us more guilty to refuse a search. The lady called over multiple other cars to come take control of the situation. I was having anxiety and trouble moving, but when I left the car she started searching. I talked to another officer who was accusing my friend of lying about not doing anything suspicious. He asked if we had been convicted (she said yes, a minor possession a few months prior). I said no, and he said I was lying, so I repeatedly said no. I was still having anxiety and trouble speaking, so when the other officer said she found a pipe and some cannabis (although it was mine) my friend confessed out of the heat of the moment. They cuffed her and later let me go but made me leave my car at the lot. They drove me to the lobby and her to the jail. The female officer made a deal to make sure she was the one to drive me back, and on the way I tried to confess but she changed the subject.

    I got picked up by a parent, and my friend was charged with possession and paraphernalia. Today we are both unsure of what to do, as we feel as if this officer used unnecessary force and didn't have a probable cause (furtive movement was me turning off the radio and GPS). My friend regrets taking the blame, yet neither of us want to be charged. She has scholarships at a private college in Illinois, and I want to continue with my academic success. We fear at this point we will both be charged harsher for not telling the truth. We want to go to the police station and confess, but we are unsure if it is the right move. She says since I am a minor I wouldn't be charged as harshly. What is our best option (telling the truth, her accepting charges, us both accepting 50/50, taking misconduct to court, etc)? Will we be punished for lying yesterday under fear and anxiety? Will our schools know what we did and will these charges stay on record (I cannot have charges with the career I want)?

    Let me know if more information is necessary.

  2. #2
    Join Date
    Jun 2014
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    3,004

    Default Re: Someone Took the Blame

    It is always best to tell the truth. It is also always best if you don't want to go.to jail to not have anything to do with.marijuana
    Chances are very good that your schools will.know. Your friend may have already blown her college scholarship with her previous criminal record. You having a criminal record may or may not affect you having a career in your field of choice
    When you play with fire you expect to get burned. Having anything to do with marijuana is playing with fire
    Also if your possible future career in anyway deals with the federal government and your caught with marijuana, even if it is legal in your state and under your state law you can.legally have it. you've blown that future career.

  3. #3
    Join Date
    Sep 2005
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    Default Re: Confessing to Possession of Somebody Else's Drugs

    Quote Quoting thedude2424
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    I have bad anxiety and started panicking. My friend tried to handle the situation, but the officer told her to shut up. She went back to her car and me and this friend talked. This friend is 18 years old, and we were debating what to do.
    I'll tell you what you should not do: You should not carry illegal drugs in your car. Common sense aside, if you're predisposed to have panic attacks when approached by the police, knowing that you're in possession of evidence of a crime is likely to make that worse.
    Quote Quoting thedude2424
    I was still having anxiety and trouble speaking, so when the other officer said she found a pipe and some cannabis (although it was mine) my friend confessed out of the heat of the moment.
    At this point, had you consented to the search or did they believe that they had probable cause without your consent? If the latter, what was the basis of their conclusion that they had probable cause?
    Quote Quoting thedude2424
    Today we are both unsure of what to do, as we feel as if this officer used unnecessary force and didn't have a probable cause (furtive movement was me turning off the radio and GPS).
    You haven't told us anything about "unnecessary force". What facts did you omit from your story?

    As for furtive gestures, the officer is presumably going to indicate that it looked like you were hiding drugs, after pulling into an area where you had intended to smoke them. You are in a bit of a bind, given that (a) you had drugs and paraphernalia in your car and (b) you are telling us that you want to insist that the drugs and paraphernalia are yours. It's not impossible that you'll convince a court that the officer didn't have a sufficient basis to extend the stop after you said that you had pulled over to look up directions, but it sounds like a steep uphill climb.
    Quote Quoting thedude2424
    We fear at this point we will both be charged harsher for not telling the truth.
    Your friend has already been charged. Here's the thing: The prosecutor does not have to believe a new story from the two of you, that the drugs and paraphernalia were yours and not your friend's -- but more than that, your friend can be convinced based on her confession, you can be convicted based on your confession, and you can both end up with convictions over the same drugs.
    Quote Quoting thedude2424
    What is our best option (telling the truth, her accepting charges, us both accepting 50/50, taking misconduct to court, etc)?
    She has already "accepted the charges" by confessing.

    If you both confess to possession, you can both be convicted of possession.

    If you try to claim the drugs are yours, you can potentially both be convicted of possession.

    You should discuss your situation with your lawyer.
    Quote Quoting thedude2424
    Will our schools know what we did and will these charges stay on record
    You haven't been charged with a crime at this point, so there's nothing for your school to find out about. Your friend should work with her lawyer to see if she can avoid a conviction.

  4. #4
    Join Date
    Jun 2014
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    185

    Default Re: Confessing to Possession of Somebody Else's Drugs

    Quote Quoting thedude2424
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    Hello. I am 17 years old in the state of Illinois. Last night, (well today at 2am), I made the decision to pull over in a parking lot to look for directions. An officer pulled up a few minutes later. I turned off the radio, and she came over and asked what was going on. I said I was just looking for directions, and she asked to see my identification because I had made a "furtive movement."

    "Furtive movement"? Just when I thought that cops couldn't sink to a new low in terms of inventing reasons to stop people. UGH!




    A minute later, the officer returned and asked if she could search the car (probable cause being furtive movement and suspicious parking activity). Although my friend said no, I thought (since driver's ed teaches you this) it would make us more guilty to refuse a search.
    "Suspicious parking activity"? Parking in a parking lot is now suspicious?

    And whichever driver's ed instructor told you to consent to a search, is a person who was giving bad legal advice. If the driver's ed instructor is not a licensed lawyer, then he should be sued or prosecuted for practicing law without a license.


    Whichever of you is charged with a crime, should get an attorney. That attorney should argue that there was no basis for the initial stop. If you consented to the subsequent search out of fear, then you may be out of luck on the issue of the search. But, if the initial stop can be declared invalid, then the search that followed the stop will hopefully be declared invalid as well.

    By the way, I live in Illinois as well. Can you please tell me where specifically in Illinois this incident occurred? Which municipality?

  5. #5
    Join Date
    Sep 2012
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    1,988

    Default Re: Confessing to Possession of Somebody Else's Drugs

    That attorney should argue that there was no basis for the initial stop.
    there was no initial stop, OP was parked in a parking lot looking for directions when he was approached by a police officer, OP then consented to the officer's request to search.

    OP, you owe your friend big time for taking the fall for you.

  6. #6
    Join Date
    Jun 2014
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    185

    Default Re: Confessing to Possession of Somebody Else's Drugs

    Quote Quoting Lehk
    View Post
    there was no initial stop, OP was parked in a parking lot looking for directions when he was approached by a police officer, OP then consented to the officer's request to search.

    OP, you owe your friend big time for taking the fall for you.

    There WAS an initial stop. The officer approached the OP and demanded an ID. That is a stop.

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