Marijuana ticket

[acmb05]

What is the name of your state? Tennessee

Ok my cousin and his ex are going thru a custody case at the moment. Last time going to court judge orders 1 week with mom 1 week with dad all summer until they go back to court.

Today daughter calls mom and says she found a bag of marijuana in her dads drawer in his room ( why she was looking thru the dresser I don't know) coincidently thier court date is next week. Mom tells daughter to call police and tell them what she found and then mom drives up there to get daughter. Police go into his apartment and retreive pot from the child who had put it in her room when she found it. Police then go to his work and tell him he has two choices, go to jail or plead guilty and accept a ticket for possesion of drug paraphenelia

Now is this legal search and seizure? Can the police get permission to enter by a 12 year old? Btw my grandmother was there at the time but she is 87 and had no idea what was going on till police walked into the house.

Also is him accepting the ticket really a guilty plea and he cannot go to court and fight it?

 

[acmb05]

Anyone have a answers for this one?

 

[garrula lingua]

At trial, it would be hard to prove the 'chain of custody'.

How can they prove who left it there ?

Does Dad have any girlfriends who he brings home ?

If so, any of them could have left their 'belongings' behind ...

The state has to prove Dad had 'possession' of the pot - if he did not know it was there, then that's 'reasonable doubt' for the jury.

This poor 12 yr old is the one who is caught in the middle (why poke thru Dad's things, unless Mom said to - which brings up the main fight - Mom gave the baggie to child & told Child to call it in as Dad's).

Also, the child has to be subpoenaed by the Prosecutor to testify at trial; if Mom doesn't bring child to court, no trial.

This is a 'dog' of a case for a prosecutor; it's good for a newbie to learn on, but it's too much reasonable doubt for a seasoned Prosecutor to want to try.

 

[acmb05]

At trial, it would be hard to prove the 'chain of custody'.

How can they prove who left it there ?

Does Dad have any girlfriends who he brings home ?

If so, any of them could have left their 'belongings' behind ...

The state has to prove Dad had 'possession' of the pot - if he did not know it was there, then that's 'reasonable doubt' for the jury.

This poor 12 yr old is the one who is caught in the middle (why poke thru Dad's things, unless Mom said to - which brings up the main fight - Mom gave the baggie to child & told Child to call it in as Dad's).

Also, the child has to be subpoenaed by the Prosecutor to testify at trial; if Mom doesn't bring child to court, no trial.

This is a 'dog' of a case for a prosecutor; it's good for a newbie to learn on, but it's too much reasonable doubt for a seasoned Prosecutor to want to try.

Thank you. Our thinking is either mom told the child to snoop around or she sent it with the child(which I hope is not the case)

It is a pretty nasty case between the two and mom is terrified she is going to lose custody. Mom was ordered not to leave daughter home alone with her new husband and my cousin has at least 8 times where she has done so in the last 2 months. This coupled with some other things is making the mom feel as though she does not have a chance in hell of keeping custody. I feel like she is capable of doing almost anything to keep custody including having the child lie about stuff.

 

[Jaquin1234]

I think the true owner of the bag is the 87 year old grandma!!!! for argument sake.

 

[acmb05]

I think the true owner of the bag is the 87 year old grandma!!!! for argument sake.

LOL let me tell you, she could definately benefit from a big fatty every once in awhile LOL

 

[CdwJava]

But, if the police were smart, they got dad to 'fess up to knowledge and possession AND to tell them how it came into his possession and where he had it stashed. A plea might be preferable to dragging the kid through this unless he is truly innocent.

- Carl

 

[acmb05]

But, if the police were smart, they got dad to 'fess up to knowledge and possession AND to tell them how it came into his possession and where he had it stashed. A plea might be preferable to dragging the kid through this unless he is truly innocent.

- Carl

Personally I am 90% sure it was his. I was just wondering if they had the right to enter his apartment since it was a child who called them. I am not sure what he told the police but he did accept the ticket instead of going to jail. I was also curious why they only ticketed him for marijuana paraphenelia instead of possesion. I was always under the impression that paraphenelia was papers,pipes and stuff like that but if you had actual possession of the drug it was possesion not paraphenelia.

 

[CdwJava]

Personally I am 90% sure it was his. I was just wondering if they had the right to enter his apartment since it was a child who called them.

I could articulate good cause on that. And since the 12-year-old was potentially holding dominion and control over the property at the time, it's likely that an argument for consent could be made.

I am not sure what he told the police but he did accept the ticket instead of going to jail. I was also curious why they only ticketed him for marijuana paraphenelia instead of possesion.

It could be they wrote the wrong narrative (words) next to the section for paraphernalia. Without reading the specific sections cited, it's impossible to say. What a section might be titled, and what it actually covers, can sometimes be different.

Maybe they went with paraphernalia because the case for any pipes or other items was stronger than the case for the marijuana.

I was always under the impression that paraphenelia was papers,pipes and stuff like that but if you had actual possession of the drug it was possesion not paraphenelia.

Maybe they found both. Or, as I said, the section cited was called a "paraphernalia" section but also covered some possession.

- Carl

 

[acmb05]

I could articulate good cause on that. And since the 12-year-old was potentially holding dominion and control over the property at the time, it's likely that an argument for consent could be made.

Ok makes sense to me. I did not know if my grandmother being there or the childs age would come into play

It could be they wrote the wrong narrative (words) next to the section for paraphernalia. Without reading the specific sections cited, it's impossible to say. What a section might be titled, and what it actually covers, can sometimes be different.

Maybe they went with paraphernalia because the case for any pipes or other items was stronger than the case for the marijuana.

That makes sense also. I have not seen the ticket or I would post it so you could see it. I do know however that they did not find any pipes or anything else, just the small bag. My grandma said it was about the size of a quarter.

 

[acmb05]

Oh and he does have a prior possession charge from about 5 years ago. So I guess he is lucky they did not charge him with that.

Now next question. Can this be brought up in his custody case tomorrow? I tend to think it is more than a coincidence that this happened 5 days before court.

 

[CdwJava]

Oh and he does have a prior possession charge from about 5 years ago. So I guess he is lucky they did not charge him with that.

Now next question. Can this be brought up in his custody case tomorrow? I tend to think it is more than a coincidence that this happened 5 days before court.

Of course it can be brought up. Chances are it WILL be brought up ... and it SHOULD be brought up. I know I wouldn't be keen on having my kids staying with people who have dope in the house either.

It will be but one of many in a series of mutual fingerpointing that will likely occur.

- Carl

 

[acmb05]

Of course it can be brought up. Chances are it WILL be brought up ... and it SHOULD be brought up. I know I wouldn't be keen on having my kids staying with people who have dope in the house either.

It will be but one of many in a series of mutual fingerpointing that will likely occur.

- Carl

OMG you have no idea. It's like a bad soap opera around here.