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  1. #1
    Join Date
    Dec 2009
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    3

    Default Canadian Arrested in Dade County on Misdemeanor Possession Under 20 Grams Marijuana

    My question involves search and seizure law in the State of: Florida

    I’m a Canadian on vacation in Florida and my neighbors called the police yesterday because it smelt like marijuana in the hall of my condo building. The police showed up, I thought it was my friend at the door since he had just left 5 mins prior to the knock, I answered the door not knowing who it was. First stupid mistake.
    When I opened the door the cops asked what’s going on in here, can we come in .. I didn’t think I had an option to keep them out (since I’m not from America and not familiar with the law) and it goes on.
    I let the officers (2) in they started looking around and saw the ashtray had a crushed joint in it. He said you know why we’re here, and I answered yes. He asked who’s place is this, I said my parents, then if I was alone, which I was. He asked me where the weed was. I asked am I in trouble and he said we’ll see depends on you. I said what do you mean, he said if I cooperate it would be much easier on me, I gave him the weed. The officer then handed me a consent form asked me to read it and sign it basically allowing them to search my house. He said if I signed it they wouldn’t bring in the dog and turn my place upside down. I felt at that point I had more to lose by not cooperating and since he already had the weed (17grams) I felt I didn’t have any choice. I’ve done some research on the law still unclear on these points (1) will I be able to leave and come back to the United States given I haven’t had a trial yet? (2) Is it possible that my 4th amendment rights have been violated? (3) if I am convicted (first offense) will this prevent me from entering the country as a visitor? (4) will my status be immediately updated at customs? Can you please share your wisdom on this issue. Thanks in advance.

  2. #2
    Join Date
    Oct 2009
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    28

    Default Re: Canadian Arrested in Dade County on Misdemeanor Possession Under 20 Grams Marijua

    You haven't given us enough information. Were you tickets or charged with anything or did they just let you off as they said they would? If you were charged you'll have to find out what the stipulations are as a foreigner in the localethat you were charged in. Since you consented to the police entering, your 4th amendment rights were not violated in an way. Plus, as you're not an American citizen, there can sometimes be a grey area when it comes to Constitutional rights. You'll definitely want to make sure you have this taken care of before you leave the country. At least to find out if you were charged or else you might have a warrant put out for your arrest, so the next time you try to come to the US you will be arrested on a much more serious charge. The majority of the time when police officers say they are going to let you off if you cooperate, as long as you do, then that's what they'll do. However, you didn't tell us if they wrote you any tickets or anything that might have a notice to appear in court or anything.

  3. #3
    Join Date
    Dec 2009
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    3

    Default Re: Canadian Arrested in Dade County on Misdemeanor Possession Under 20 Grams Marijua

    Thank you for your prompt reply. Sorry for the missing details. I was placed under arrest in my apartment (never read miranda rights) and told they wouldnt handcuff me while leaving my house as to not embarrass me in front of my neighbors. We were about a block from my building the officer pulled over, let me out and handcuffed me. Once we arrived at the station I was brought to a cell told to take my shoes off an placed inside. The officer said I would be there until they could weigh the marijuana and prepare the paper work. He said once they weighed the marijuana they would advise as to how I would be charged. Sometime within the hour I was issued an arrest affidavit and asked to sign. The officer said they would PTA me and Id be let go, which I was. The officer circled a telephone number on the back of the arrest affidivit and said I had to call and find out my court date. I hope this helps clarify a bit better.

  4. #4
    Join Date
    Sep 2005
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    Default Re: Canadian Arrested in Dade County on Misdemeanor Possession Under 20 Grams Marijua

    Quote Quoting daveyjoe
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    (1) will I be able to leave and come back to the United States given I haven’t had a trial yet?
    I suggest retaining a lawyer and trying to resolve the charge before you leave the U.S., so that you won't have to return for additional court proceedings. Your lawyer can try to resolve the case as a non-drug offense, and ideally without a guilty plea or conviction.
    Quote Quoting daveyjoe
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    (2) Is it possible that my 4th amendment rights have been violated?
    You haven't described any violations.
    Quote Quoting daveyjoe
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    (3) if I am convicted (first offense) will this prevent me from entering the country as a visitor?
    It can.
    Quote Quoting daveyjoe
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    (4) will my status be immediately updated at customs? Can you please share your wisdom on this issue. Thanks in advance.
    It will be updated as quickly as the information gets into the BCIS's system.

  5. #5
    Join Date
    Dec 2009
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    3

    Default Re: Canadian Arrested in Dade County on Misdemeanor Possession Under 20 Grams Marijua

    Quote Quoting Mr. Knowitall
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    I suggest retaining a lawyer and trying to resolve the charge before you leave the U.S., so that you won't have to return for additional court proceedings. Your lawyer can try to resolve the case as a non-drug offense, and ideally without a guilty plea or conviction.

    You haven't described any violations.

    It can.

    It will be updated as quickly as the information gets into the BCIS's system.
    Thank you Mr. Knowitall, Can you explain further how it is possible to reduce the charges as you've mentionned, (resolve the case as a non-drug offense, and ideally without a guilty plea or conviction).

    Given my situation and lack of knowledge of the law I would like to understand better what you mean. I didnt realize it was possible to do so given they found the drug in my possession at my house after I had just smoked a joint 20 minutes prior to their arrival and I handed them the marijuana.

    I will be retaining legal councel shortly and would like to know what my potential options are so I can discuss with the lawyer and be somewhat informed. Granted I realize my lawyer will additionally explain. This is my first time ever in trouble with the law and really have no clue what to expect the outcome possibilities to be. I just want this resolved and be able to get back to my life as it was. I hope its still a possibility and that I havent ruined my life with this behavior.

    Thank you in advance for your helpful insight and for sharing your wisdom. I'm extremely stressed out I havent been able to eat or sleep for the past few days. Sadly at this juncture of my life I have to admit Im really scared and I havent felt this way since a loved one past on.

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