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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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  #1  
Old 04-06-2009, 11:15 PM
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facing possesion charge


Virginia:
I am facing a marijuana possession charge. I was wondering if there is anyway i can argue it in court based on procedure: The cop saw a bong in my window came to my door and knocked, asked to come in and talk, i went outside my room (live in college dorm) to talk to him in the hall. He said he saw my bong and smelt marijuana (made up because i had not been smoking) i told him there was no marijuana in the pipe and no weed had been smoked in the room. He kept trying to let me let him in the room so he could search. I made it clear that he could not enter my residence and i wasn't agreeing to any searches. he told me he was going to get another officer to hold me in the hall while he went and got a warrant. i told the officer to hold up before he went to get a warrant and started to re-enter my residence and he caught the door behind me and stood inside the room holding the door open. I told him to please stay outside and he refused saying "ill stand right here" knowing i had illegal things (alcohol, im underage) in view i panicked, gave him some marijuana so he would leave. Is there anyway i could argue this? ie. he entered my room when i told him he couldn't? Thanks. and any other advice that would be helpful
  #2  
Old 04-07-2009, 01:02 AM
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You're saying you NEVER smoked in the room? or just that you had not smoked that day? 'cause if there's one thing I've learned, to somebody who does smoke, they don't notice it at all, and to somebody that never smokes (potentially the police officer), the odor may reek for a LONG time.
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  #3  
Old 04-07-2009, 01:40 AM
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Wait.

You had paraphernalia in plain view because he saw it from outside.

You had alcohol in view in your room.

And the alcohol so concerned you with its illegality that you gave the cop some pot? Were you actually high when all this took place?
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