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  1. #1
    Join Date
    Jul 2007
    Posts
    1

    Default Possession of Paraphernalia in Buton, Texas

    On my way back to Austin I was pulled over by an officer who said I had no front plate. I assured him I did, and after walking him to the front of the car and showing him my plate, we walked back to my car. After he said a few words he informed me that I and my vehicle smelled strongly of marijuana. I assured him that I had not been smoking marijuana and had none on me. I suggested to him that the odor was more than likely that of the black and mild which I put out on the highway in front of him when he pulled me over. He then lectured me about how he KNOWS the difference between marijuana and tobacco smoke and that I smelled strongly of marijuana (he smelled the black and mild while he was saying this).

    Anyways, he said he had probable cause to search my vehicle and sat me on the side of the road. He started asking me questions about how much I was carrying, how much was on me, etc., all to which I answered none at all. I told him that although I do smoke, I never do it in the car while I'm driving. He begun the search and I informed him that there was nothing he was going to find but maybe some paraphernalia, but it was no where near the cabin of my car to be within my use while driving. After an hour and the most thorough search of my car I have witnessed, he found my grinder, which was hidden in my smoking tray, in a tool box, under a shirt, in my trunk. He charged me with possesion of paraphernalia and went on his obviously bored and annoyed way after spending almost two hours searching my car only to secure a ten dollar grinder.

    So this is my first offense, I'm 20, and this was in Texas, obviously. I'm lawyering up eventually, but my question is what can I expect from this judge? It's a small county, I had none on me, my grinder was tucked away out of use (backing up my story I don't smoke and drive), and surely if he had thought I had been smoking he would have ticketed me for DUI also. I know I probably have no shot out of getting out of this charge since he did find the paraphernalia after his pc search. His probable cause was obviously not in place, and it seemed to me he said he had probable cause, probably cause he wanted to get me.

    Thanks for any insight into this.

  2. #2
    Join Date
    Sep 2005
    Location
    florida
    Posts
    40

    Default Re: Possession of Paraphernalia in Buton, Texas

    Buton, or Burton? Is there a Buton?

    The best way to find out what a local judge is likely to do is by asking a local lawyer. You appear to have a valid basis to challenge the legality of the search of your car.

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