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    Default Narcotics Possession and Paraphernalia Charges Based on an Inaccurate Sworn Affidavit

    I worked for Sonic which closes at 1AM. My manager & I clocked out on Oct. 2nd at 2:35AM. We went to our cars, he stuck around to make sure mine was going to start since I had been having car problems & mine started right up so he left. I sat there for a few minute reading my email's while my car was warming up at 2:40AM a dark colored SUV pulled up behind me with it's bright's on blocking my car in so I was watching them until the spotlight came on & then I knew it was a cop.

    As he approached my vehicle I identified myself by full name & as an employee of Sonic mind you I am still in full work attire. He asked me if I knew why he stopped I said no at which time he told me I was a suspicious person sitting in my vehicle so what was I doing there I said my manager & I just clocked out at 2:35 I am sitting here reading my emails while my car warms up a little at which time he replied that it didn't need warmed up because it wasn't that cold out. He asked for my license, registration & my insurance which I provided to him a long with my Intoxalock contract as well as my driver's license reinstatement letter so I was completely legal.

    The rest of the story is pretty quick to sum up. His partner saw an eyeglass holder on the front seat of my car which I through in my glove box with everything else anyways long story short there was presumably drugs (meth) & paraphernalia in it so I was taken into custody for possession of narcotics & paraphernalia (pipe) they also confiscated my torch saying it to was paraphernalia. So here goes all the questions I have regarding this case. A few more facts first though. I was present at the scene obviously & no field test on the white powdered substance was done in my presence. My rights were not cited to me until I was under arrest & in handcuffs.

    1st. Question: Upon being approached by the officer I identified myself as an employee of Sonic plus I was in full work attire still. Doesn't that squash his "probable cause" to harass me?

    2nd Question: In The Synopsis it stated that he (the officer) contacted me at 2:40AM on Oct. 2nd, 2016 but, then in the sworn affidavit (police report) it was stated they (field tested) the white substance & it was positive for (meth) on Oct. 1st, 2016. That's not possible since they didn't obtain it until Oct. 2nd so can they still convict me?

    3rd Question: They seized a glass oil burner (pipe), my butane torch & the white substance (meth) but, I got no receipt of confiscation for those items. 3mos later when I was officially charged for knowingly possessing a scheduled 2 narcotic & knowingly possessing an instrument that can be used as a pipe nothing was mentioned for a 2nd count of possessing a torch that can be used to burn the white residue (meth) with. Don't they have to charge you with everything they seized & if not then return it?

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