Sticky Marijuana Situation, and alc kinda,advice???

[Inabadsituation]

INDIANA------------


I, 3 guys, and 2 girls I was with were walking down Fee Lane at I.U. on October 25, 2009 around 11:30 P.M. Eastern time. Two of the kids I was with I had barely knew and there was a kid from Iowa that started smoking a bowl on the side of the street, two policemen saw and ran up on our group, which I had distanced from. They then stopped us and tried to ask the kid from Iowa where the pipe they saw him smoking was. He didn’t reply to them, I then began to walk off as they questioned him and they told us all to stay there. I asked the officer if I was being detained and he replied to me by saying, “Sit down this is an investigation you can go pending the results”. Yeah, and this is an illegal search because they had no reasonable intent to hold ME, maybe the kid from Iowa, but not ME. Then as I sat down they started asking us questions and the kid from Iowa didn’t say anything. They went down the row and asked us all where the pipe they saw him smoking was. I just told them that I didn’t know. The cops then asked me what was in my coat pocket I told them it was earmuffs, which were in my coat pocket. They then began to breathalyzer us all and everyone blew something but me, I blew .000. They asked me what they drink of the night was after I had took the breathalyzer and blew .000's, I didn't reply at first, they then started listing them and I just said vodka. No one gave out any information to the cops except this one girl I was with who told them that the pipe was mine. They then began to search us all for weapons by padding us down. They searched my pockets and asked what was in my coat pocket. I told them it was a rod for fixing cars. Then without telling me the officer unzipped my coat pocket and pulled out the pipe and 10 grams of marijuana. I told him this was an illegal search and he told me that he thought what was in my pocket was a weapon. They then arrested me and put me in hand cuffs. They then continued to search me and found a red bag that I had on my back under my coat. They asked me what was in the red bag and I told them nothing. They then sat me down and gave me two options, I could either let them open the red bag and they would be more lenient towards me, or they could get a warrant and open it and be stricter towards me. So I told them to get the warrant and sat there for a bit. They then stood me up and as I was standing they began opening my red bag and going through its contents, which were a couple lighters, eye drops, scale, and sunglasses, without a warrant. They then put me in the car and took me to jail where eventually they used the breathalyzer on me again, which I had blown .004 this time. All in all I was charged with possession of marijuana, possession of paraphernalia, and illegal consumption of an alcoholic beverage, which they claim I “Did knowingly consume an alcoholic beverage, said defendant being a minor.” This I’m pretty sure which means I told them I had been drinking which I CLEARLY did not. So what do you think would honestly happen if I took this case to court, and what searches were illegal? because I feel like I was deffinently violated rights.

[Zigner]

Originally Posted by Inabadsituation

INDIANA------------


I, 3 guys, and 2 girls I was with were walking down Fee Lane at I.U. on October 25, 2009 around 11:30 P.M. Eastern time. Two of the kids I was with I had barely knew and there was a kid from Iowa that started smoking a bowl on the side of the street, two policemen saw and ran up on our group, which I had distanced from. They then stopped us and tried to ask the kid from Iowa where the pipe they saw him smoking was. He didn’t reply to them, I then began to walk off as they questioned him and they told us all to stay there. I asked the officer if I was being detained and he replied to me by saying, “Sit down this is an investigation you can go pending the results”. Yeah, and this is an illegal search because they had no reasonable intent to hold ME, maybe the kid from Iowa, but not ME. Then as I sat down they started asking us questions and the kid from Iowa didn’t say anything. They went down the row and asked us all where the pipe they saw him smoking was. I just told them that I didn’t know. The cops then asked me what was in my coat pocket I told them it was earmuffs, which were in my coat pocket. They then began to breathalyzer us all and everyone blew something but me, I blew .000. They asked me what they drink of the night was after I had took the breathalyzer and blew .000's, I didn't reply at first, they then started listing them and I just said vodka. No one gave out any information to the cops except this one girl I was with who told them that the pipe was mine. They then began to search us all for weapons by padding us down. They searched my pockets and asked what was in my coat pocket. I told them it was a rod for fixing cars. Then without telling me the officer unzipped my coat pocket and pulled out the pipe and 10 grams of marijuana. I told him this was an illegal search and he told me that he thought what was in my pocket was a weapon. They then arrested me and put me in hand cuffs. They then continued to search me and found a red bag that I had on my back under my coat. They asked me what was in the red bag and I told them nothing. They then sat me down and gave me two options, I could either let them open the red bag and they would be more lenient towards me, or they could get a warrant and open it and be stricter towards me. So I told them to get the warrant and sat there for a bit. They then stood me up and as I was standing they began opening my red bag and going through its contents, which were a couple lighters, eye drops, scale, and sunglasses, without a warrant. They then put me in the car and took me to jail where eventually they used the breathalyzer on me again, which I had blown .004 this time. All in all I was charged with possession of marijuana, possession of paraphernalia, and illegal consumption of an alcoholic beverage, which they claim I “Did knowingly consume an alcoholic beverage, said defendant being a minor.” This I’m pretty sure which means I told them I had been drinking which I CLEARLY did not. So what do you think would honestly happen if I took this case to court, and what searches were illegal? because I feel like I was deffinently violated rights.

You admitted to drinking (remember the Vodka?) and you admitted to having an item in your coat that could be used as a weapon.

Get a lawyer and don't talk about this any more. You are doing yourself more harm than good.

[Inabadsituation]

Originally Posted by Zigner

You admitted to drinking (remember the Vodka?) and you admitted to having an item in your coat that could be used as a weapon.

Get a lawyer and don't talk about this any more. You are doing yourself more harm than good.

Dude your an idiot he asked me direct quortes "What the drink of the night was" and I replied vodka. That is not me admitting to drinking, mabye what my friends were drinking, but not me.

[CdwJava]

Originally Posted by Inabadsituation

I asked the officer if I was being detained and he replied to me by saying, “Sit down this is an investigation you can go pending the results”. Yeah, and this is an illegal search because they had no reasonable intent to hold ME, maybe the kid from Iowa, but not ME.

A detention is not a search. The reasonable, articulable suspicion necessary for a detention is minimal and would probably be easy to articulate under the circumstances.

No one gave out any information to the cops except this one girl I was with who told them that the pipe was mine. They then began to search us all for weapons by padding us down. They searched my pockets and asked what was in my coat pocket. I told them it was a rod for fixing cars. Then without telling me the officer unzipped my coat pocket and pulled out the pipe and 10 grams of marijuana.

Two things ... one, a girl had just stated that the pipe the officers saw was yours. We call that "probable cause" for a search. Second thing, the first time the officers asked what was in your pockets you said "earmuffs" ... we call that stronger probable cause.

I told him this was an illegal search and he told me that he thought what was in my pocket was a weapon.

If he can truly articulate that, then that would be another reason.

They then sat me down and gave me two options, I could either let them open the red bag and they would be more lenient towards me, or they could get a warrant and open it and be stricter towards me. So I told them to get the warrant and sat there for a bit. They then stood me up and as I was standing they began opening my red bag and going through its contents, which were a couple lighters, eye drops, scale, and sunglasses, without a warrant.

You were under arrest. This search was done incident to arrest and no warrant was required.

They then put me in the car and took me to jail where eventually they used the breathalyzer on me again, which I had blown .004 this time.

Oops!

All in all I was charged with possession of marijuana, possession of paraphernalia, and illegal consumption of an alcoholic beverage, which they claim I “Did knowingly consume an alcoholic beverage, said defendant being a minor.” This I’m pretty sure which means I told them I had been drinking which I CLEARLY did not.

Uh, that's legal jargon in an affidavit outlining the elements of the offense that means, "the minor drank alcohol." It is not supposed to represent what you stated, YOU are the "said minor" who "did knowingly consume an alcoholic beverage" (as opposed to having consumed it against your will).

So what do you think would honestly happen if I took this case to court, and what searches were illegal? because I feel like I was deffinently violated rights.

I'd say you should speak with an attorney, but your suppression argument is weak to non-existent. Your only hope would probably be if your attorney can successfully argue that there existed no reasonable suspicion to detain you. Unlikely, but theoretically possible.


- Carl

[Proserpina]

Originally Posted by Inabadsituation

Dude your an idiot he asked me direct quortes "What the drink of the night was" and I replied vodka. That is not me admitting to drinking, mabye what my friends were drinking, but not me.

Please take Carl and Zigner's advice.

And quit insulting the people who are actually trying to help you.

[Inabadsituation]

Originally Posted by Dogmatique

Please take Carl and Zigner's advice.

And quit insulting the people who are actually trying to help you.

I didn't insult anyone ******* he needs to read better and not waste my time with some bull**** like this.

[Alex23]

Originally Posted by Inabadsituation

I didn't insult anyone ******* he needs to read better and not waste my time with some bull**** like this.

Now I understand why the police were so interested with you. You should become a lawyer.

[Proserpina]

Originally Posted by Inabadsituation

I didn't insult anyone ******* he needs to read better and not waste my time with some bull**** like this.

Alrighty then.

[IsabellaSoriano]

Originally Posted by Dogmatique

Alrighty then.

what???? since when does calling someone an idiot qualify as an insult?????

*ducks for cover*

[swrdmbo]

Oh...Mr."inabadsituation".....please...please...please come back and let us know how you made out with your "situation".

YOU are the one that needs to learn how to read...he even explained it to you...and you still don't get it.

I am laughing just thinking about how you are going to do with this...why am I laughing? Because with your attitude you are going to be in for a really RUDE awakening...but probably not until your sentencing.

Ugh!