AZ - 2 counts of prescription drug possession

[DiViNiTY07]

What is the name of your state (only U.S. law)?
Phoenix , Arizona

Ok,
So I was driving , after work, and some drunk illegal alien , smashed into the car ahead of me, and I quickly veered right , into the shoulder, which was sort of a dirt road.
I avoided me getting into an accident and the people behind me .
A bunch of people came to check and see if I was ok, and applauded me for acting so quick and avoiding more accidents and breaking the chain .
Anyway,
I was off to the side and I was stuck , and people were helping me dig my car out when the County Sheriff pulled up and started asking me questions.
I rolled up my windows , turned off my AC, turned my car off, got out of my car and locked it (boop boop).
When I did this, I got harassed about trying to "hide" something and the cop asked if he could search my car.
I then said , in these exact words, "no I do not give you consent to search my vehicle"
When I said that , the cop said "for my safety , I am going to pat you down , and I am letting you know you are not under arrest" I said OK and then put my keys on my trunk, and let him pat me down . The other cop grabbed my keys, unlocked my car and started searching.
I then got very mad and started yelling for him not to search my car until my lawyer gets on site, and grabbed my phone and started to call my lawyer. The cop then grabbed my phone and cuffed me and put me in the back of his car.
They found 2 separate baggies, that I use to put my prescriptions in every day.
You may have seen these at pharmacies, but they are baggies called
" EZ Dose Pill Pouch "
And they have a a line that says " Day " and two boxes, one for AM and one for PM
I had both baggies with 2 pills each, marked AM and Wednesday, as it was Wednesday morning.

EZY Dose - Pill Pouch - 100 ea
That is what they look like.

So I was arrested for possession of RX drugs. I was taken down to the sheriffs office and then searched more, and then I was given a DUI test and a blood test . I asked to call a laywer 3 times, which I was denied. I was asked not to take a blood sample, and was denied.
I passed the DUI test , and was considered SOBER according to the cop that works with drugs.
I spent the night in jail , and now have a court date.

So , why was I arrested ? Why did I get thrown in jail for having prescription drugs in a baggie, that was clearly not a dope addicts way of storing drugs. I had 4 pills, and I missed taking my medication (which is anti depressant and an anti anxiety) which caused me to get real weird and suicidal and went through withdrawal and had I a small seizure in jail.
I was denied my medication because it was evidence, even though I had a seizure and busted my head open on the nasty jail floor that was beyond overloaded.

I have to go to court soon, and what should I say ? I was denied all rights and denied seeing a lawyer and denied everything, all because of 2 Klonapins and 2 Paxil pills .

I was bullsh*tting with the phlebotomist and telling him all kinds of stuff about drugs and was talking with some of the other cops about computer crimes and my work, and my bad back and yada yada. I was making the best of my time there.
The assh*le who arrested me was going through my phone calling people in it , so I then said "so is my proprty now the property of the city of phoenix?" and two of the cops said "no why" and I said "because that d*ckhead is helping himself to my minutes and using my phone" they promptly told him to stop , and put it away. I then asked AGAIN if I could call a lawyer and then asked the arresting officer what made him decide to arrest me and why he searched my car. He avoided the phonecall I asked for , and said "I searched your car because I found it strange that you were smashed into a dirt hill and wouldn't let us search, and that usually means you have something on you" I said " ok so you just admitted you searched my car illegally?" and he said "I bet your going to say that in court aren't you?" Then I asked to call laywer again and he said sit tight , and locked me in a small cell for 5 hours, then when his shift was over I was processed and brought down town to jail and stuff.

Anyway ,
What is going to happen to me ? What should I do ? I felt like I was raped...
I lost my car, lost my job, didn't get paid for the job that day because all of my stuff is in my car and I wasn't able to run in a receipt and I still have the customers money in my car and the bill for the work I did.
I am scared what is going to happen to me , and what I should do. I cannot afford a lawyer, I cannot afford any legal advice , and I felt like this was all unjustified.
I cannot find one of my bottles for my prescriptions , but have the other one. I imagine if i bring those in, then they cannot change the charge to a DUI can they ? So far it is just for 2 counts of Rx prescription drug possession - misdemeanors .
Also I was 2 months away from being off probation, for 5 years. 2 months and this happened....
Ever since this day my life has been hell....

Any advice for this messed up guy ? I am at a loss for action....

-D

 

[PhlawedPharmacy]

When you are arraigned, you'll ask for a public defender who will guide you better through this. If you were on probation then they don't need any consent to search, even if it might appear to have been illegal otherwise. You'll have to post the statutes you are charged under when you get them, usually possession of controlled substances are felonies if not pot. If you were prescribed the medications, you at least have a valid defense to work out. You may still get DUI though as you said.

 

[ReformedMan]

What is the name of your state (only U.S. law)?
Phoenix , Arizona

Ok,
So I was driving , after work, and some drunk illegal alien

That's a hefty assertion. You know for a fact that they were drunk, an alien, AND illegal? Wow, you're good.

I was off to the side and I was stuck , and people were helping me dig my car out when the County Sheriff pulled up and started asking me questions.
I rolled up my windows , turned off my AC, turned my car off, got out of my car and locked it (boop boop).

Your car was stuck in a dirt hill.... but you still thought you needed to lock it? No, that doesn't look suspicious at ALL.....

When I did this, I got harassed about trying to "hide" something and the cop asked if he could search my car.
I then said , in these exact words, "no I do not give you consent to search my vehicle"

That looks even worse...

I then got very mad and started yelling for him not to search my car until my lawyer gets on site, and grabbed my phone and started to call my lawyer.

Digging deeper...

I was asked not to take a blood sample, and was denied.

That phrase blew my mind. Can you please add some more negatives into that sentence so that I can try even harder to figure out exactly what you MEANT to say?

I passed the DUI test , and was considered SOBER according to the cop that works with drugs.

Only one cop works with drugs?? What small town do you live in....?

So , why was I arrested ? Why did I get thrown in jail for having prescription drugs in a baggie, that was clearly not a dope addicts way of storing drugs.

I'm not familiar with the ways in which dope addicts carry their drugs. Maybe you can educate me on this matter.

I was bullsh*tting with the phlebotomist and telling him all kinds of stuff about drugs and was talking with some of the other cops about computer crimes and my work, and my bad back and yada yada. I was making the best of my time there.

Was this before of after you busted your head open?

The assh*le who arrested me was going through my phone calling people in it , so I then said "so is my proprty now the property of the city of phoenix?" and two of the cops said "no why" and I said "because that d*ckhead is helping himself to my minutes and using my phone" they promptly told him to stop , and put it away.

I'm sure you made a lot of friends at the station with that comment!

What is going to happen to me ? What should I do ? I felt like I was raped...

Ok, here's where you royally ticked me off. To compare yourself to a rape victim for the night of chit-chatting it up with the officers you had is utterly deplorable. My current girlfriend was raped repeatedly during her teenage years by a far older man, and I have seen the effects it has on her. Have you ever found yourself waking up at 2 in the morning to see somebody sobbing uncontrollably for hours on end? Or seen the extreme anxiety/depression/helplessness that such a situation instills? I would take a thousand nights of bashing my head in on a jail cell floor to take her pain away for one night. Stop making ignorant comments just because you're upset at what happened to you.


If you can't afford a lawyer, you can get a PD. Heed their advice.

 

[mrb427]

I'm no expert but it sounds to me like if you get a lawyer you should be able to get the charges dropped.

Illegal search, Illegal seizure of phone and keys. Denied right to phone calls. Denied medical assistance when having a seizure and possibly a head wound.

Sounds like they were real dicks.

Get a lawyer. Maybe even a public defender could sort this out for you.

anyway, good luck with it all.

 

[Peligroso27]

You are right, you are not an expert. This situation is a very biased version to say the least. It sounds like you missed your meds before the officer took you to jail.

Did you think that screaming at the officer would stop him from searching your vehicle. You do not have a right to have a lawyer on site during a search. If you have the ability to call a lawyer to show up every time your car is searched what do you need this site for?

Your right to a phone call is to be given at the jails discretion not your own. Providing the paperwork proving that you are actually prescribed scheduled narcotics is a very important step in getting these charges dropped. Your doctor should be able to provide you with the proper paperwork, if you are legally prescribed those pills.

 

[rp1809]

Refusing a search DOES NOT give an officer probable cause to search your vehicle. I would say you did the right thing by locking your car after you got out. An officer is NOT supposed to just outright search your vehicle if you refuse. they can, call in a canine unit, and have it walk around, if anything is detected that gives probable cause. The officer may step around the vehicle and look in for any contraband including: guns, knives, bombs, drug parpheneilia if they see something in PLAIN VIEW then that can give then probable cause.

This is a classic case of an officer OVER STEPPING his athority and trying to pull the old "you refuse it makes you seem like your hiding something," but it is really your constitutional right a refuse search.

Also. i am guessing you are taking a benzodiazepine type drug for antianxiety?
for the guy above my post, just to let you know, when one who has been taking a benzo daily for long periods of time, depriving them of there medication can cause a A VERY DANGEROUS withdrawal syndrome which one symptom that is included is grand mal seizures and can result in death if seizures are not controlled. if his he did not have a priscription by depriving him of medical attention to control his seizure they put in him in a life threatening situation.

 

[Peligroso27]

Refusing a search DOES NOT give an officer probable cause to search your vehicle. I would say you did the right thing by locking your car after you got out. An officer is NOT supposed to just outright search your vehicle if you refuse. they can, call in a canine unit, and have it walk around, if anything is detected that gives probable cause. The officer may step around the vehicle and look in for any contraband including: guns, knives, bombs, drug parpheneilia if they see something in PLAIN VIEW then that can give then probable cause.

This is a classic case of an officer OVER STEPPING his athority and trying to pull the old "you refuse it makes you seem like your hiding something," but it is really your constitutional right a refuse search.

Also. i am guessing you are taking a benzodiazepine type drug for antianxiety?
for the guy above my post, just to let you know, when one who has been taking a benzo daily for long periods of time, depriving them of there medication can cause a A VERY DANGEROUS withdrawal syndrome which one symptom that is included is grand mal seizures and can result in death if seizures are not controlled. if his he did not have a priscription by depriving him of medical attention to control his seizure they put in him in a life threatening situation.

The probable cause could have also stemmed from crashing into a dirt hill and his actions on the side of the road. Remember you are getting a biased and most likely embellished version of the events. It would be very naive to think that this individual is posting the whole truth. Then this individual failed to protect himself by carrying around the paperwork that would prove those were his prescribed medication. Like I said, getting a copy of the prescription from the doctor will clear this whole mess up immediately. My educated guess, he doesn't have that. What was he on probation for in the first place? My guess, possession of schedule II or III narcotics. The jail followed the correct procedure of not giving unprescribed medication to an inmate in custody for possession of a the same substance. I would value your medical and legal opinion more if you could actually spell prescription. You are wrong on all counts in this case, but you were almost on target with your statement about the search.

 

[kjizzle]

If you were taking these meds by Dr's orders then one you should have simply given the cop your Dr's name and two you should always carry prescribed meds in the ORIGINAL bottle. ( When you have your script filled ask for a second labeled bottle to carry a couple pills with you) Three if you take these meds on a daily basis "finding" a prescription bottle should be no problem.
You can get a DUI from driving while taking prescription drugs.

 

[vipers-pit]

you did the right thing getting out of the car and locking the doors. the cop broke the law getting into the car without your consent.

Klonopin is a Schedule IV controlled substance. For a first offense a Class A misdemeanor.

Paxil is not a controlled substance, so there can be no charge there.

 

[Indiana Filer]

you did the right thing getting out of the car and locking the doors. the cop broke the law getting into the car without your consent.

Klonopin is a Schedule IV controlled substance. For a first offense a Class A misdemeanor.

Paxil is not a controlled substance, so there can be no charge there.

It can be if the person does not have a valid prescription.

 

[rp1809]

The jail followed the correct procedure of not giving unprescribed medication to an inmate in custody for possession of a the same substance. I would value your medical and legal opinion more if you could actually spell prescription. You are wrong on all counts in this case, but you were almost on target with your statement about the search.

It does not matter if he has a prescription or not. if he is dependant on a benzodiazepine he must be dosed with a benzo, barbiturate, or other antiseizure medication to prevent the very life threatening withdrawal syndrome that can result from not having his medication(scripted or not). Benzos are very serious. This is not like cocaine withdrawal or heroin withdrawal, this is a very serious life threatening withdrawal syndrome that can result in death.

And from what he said the officers on scene did not follow procedure. If he refuses the search the officer CAN NOT search his vehicle unless he has probable cause. Which from what he said, he didnt have any probable cause.

It can be if the person does not have a valid prescription.

First of all paxil is not an intoxicating drug. It is not a commonly abused drug and I doubt it is even uncommonly abused. You can not get a dui for having paxil in your system script or no script. You may get in trouble for posessing an rx only drug with out a prescription.

This guy did the right thing and as said above atleast from the information given the cop abused his pwer or authority and illegally searched and seized his medication.

 

[Peligroso27]

It does not matter if he has a prescription or not. if he is dependant on a benzodiazepine he must be dosed with a benzo, barbiturate, or other antiseizure medication to prevent the very life threatening withdrawal syndrome that can result from not having his medication(scripted or not). Benzos are very serious. This is not like cocaine withdrawal or heroin withdrawal, this is a very serious life threatening withdrawal syndrome that can result in death.

And from what he said the officers on scene did not follow procedure. If he refuses the search the officer CAN NOT search his vehicle unless he has probable cause. Which from what he said, he didnt have any probable cause.

You are very naive to think this drug addict is telling the whole truth.

 

[The Occultist]

If you are on probation, I believe the police have the right to search you and your vehicle any time they want; you should double check the terms of your probation.

 

[songwriter960]

What is the name of your state (only U.S. law)?
Phoenix , Arizona

Ok,
So I was driving , after work, and some drunk illegal alien , smashed into the car ahead of me, and I quickly veered right , into the shoulder, which was sort of a dirt road.
I avoided me getting into an accident and the people behind me .
A bunch of people came to check and see if I was ok, and applauded me for acting so quick and avoiding more accidents and breaking the chain .
Anyway,
I was off to the side and I was stuck , and people were helping me dig my car out when the County Sheriff pulled up and started asking me questions.
I rolled up my windows , turned off my AC, turned my car off, got out of my car and locked it (boop boop).
When I did this, I got harassed about trying to "hide" something and the cop asked if he could search my car.
I then said , in these exact words, "no I do not give you consent to search my vehicle"
When I said that , the cop said "for my safety , I am going to pat you down , and I am letting you know you are not under arrest" I said OK and then put my keys on my trunk, and let him pat me down . The other cop grabbed my keys, unlocked my car and started searching.
I then got very mad and started yelling for him not to search my car until my lawyer gets on site, and grabbed my phone and started to call my lawyer. The cop then grabbed my phone and cuffed me and put me in the back of his car.
They found 2 separate baggies, that I use to put my prescriptions in every day.
You may have seen these at pharmacies, but they are baggies called
" EZ Dose Pill Pouch "
And they have a a line that says " Day " and two boxes, one for AM and one for PM
I had both baggies with 2 pills each, marked AM and Wednesday, as it was Wednesday morning.

EZY Dose - Pill Pouch - 100 ea
That is what they look like.

So I was arrested for possession of RX drugs. I was taken down to the sheriffs office and then searched more, and then I was given a DUI test and a blood test . I asked to call a laywer 3 times, which I was denied. I was asked not to take a blood sample, and was denied.
I passed the DUI test , and was considered SOBER according to the cop that works with drugs.
I spent the night in jail , and now have a court date.

So , why was I arrested ? Why did I get thrown in jail for having prescription drugs in a baggie, that was clearly not a dope addicts way of storing drugs. I had 4 pills, and I missed taking my medication (which is anti depressant and an anti anxiety) which caused me to get real weird and suicidal and went through withdrawal and had I a small seizure in jail.
I was denied my medication because it was evidence, even though I had a seizure and busted my head open on the nasty jail floor that was beyond overloaded.

I have to go to court soon, and what should I say ? I was denied all rights and denied seeing a lawyer and denied everything, all because of 2 Klonapins and 2 Paxil pills .

I was bullsh*tting with the phlebotomist and telling him all kinds of stuff about drugs and was talking with some of the other cops about computer crimes and my work, and my bad back and yada yada. I was making the best of my time there.
The assh*le who arrested me was going through my phone calling people in it , so I then said "so is my proprty now the property of the city of phoenix?" and two of the cops said "no why" and I said "because that d*ckhead is helping himself to my minutes and using my phone" they promptly told him to stop , and put it away. I then asked AGAIN if I could call a lawyer and then asked the arresting officer what made him decide to arrest me and why he searched my car. He avoided the phonecall I asked for , and said "I searched your car because I found it strange that you were smashed into a dirt hill and wouldn't let us search, and that usually means you have something on you" I said " ok so you just admitted you searched my car illegally?" and he said "I bet your going to say that in court aren't you?" Then I asked to call laywer again and he said sit tight , and locked me in a small cell for 5 hours, then when his shift was over I was processed and brought down town to jail and stuff.

Anyway ,
What is going to happen to me ? What should I do ? I felt like I was raped...
I lost my car, lost my job, didn't get paid for the job that day because all of my stuff is in my car and I wasn't able to run in a receipt and I still have the customers money in my car and the bill for the work I did.
I am scared what is going to happen to me , and what I should do. I cannot afford a lawyer, I cannot afford any legal advice , and I felt like this was all unjustified.
I cannot find one of my bottles for my prescriptions , but have the other one. I imagine if i bring those in, then they cannot change the charge to a DUI can they ? So far it is just for 2 counts of Rx prescription drug possession - misdemeanors .
Also I was 2 months away from being off probation, for 5 years. 2 months and this happened....
Ever since this day my life has been hell....

Any advice for this messed up guy ? I am at a loss for action....

-D

I went through this in Texas. It was thrown out as soon as I proved I had prescriptions for my Valium, Morphen and others. I was just arrested for same ticket three times now in Arizona from over 5 years ago from a biased cop I sued before he was a cop. The arresting Officer found my med bottle and commented about it without my presciption bottles? Since I proved to the Judge the warrant was false, he sentenced me to 9 days in County as I've been sentenced there in 2007 10 days 9 dismissed and one night in jail. Be wise and take youer presciptions to court and be naive to Az. laws on prescriptions and you thought as in Texas that you could legally carry a one day supply with you. I am mentally and severely physically Disabled with 9 prescriptions. I was denied all of my meds for the 9 days, but no withdraws, just severe pain and even more severe Anxiety Disorder and P.T.S.D. and it was torture. I am affraid to go to the jail to get my personal belongings as Police do what they want and not retain true law. Judges do too.

 

[songwriter960]

What is the name of your state (only U.S. law)?
Phoenix , Arizona

Ok,
So I was driving , after work, and some drunk illegal alien , smashed into the car ahead of me, and I quickly veered right , into the shoulder, which was sort of a dirt road.
I avoided me getting into an accident and the people behind me .
A bunch of people came to check and see if I was ok, and applauded me for acting so quick and avoiding more accidents and breaking the chain .
Anyway,
I was off to the side and I was stuck , and people were helping me dig my car out when the County Sheriff pulled up and started asking me questions.
I rolled up my windows , turned off my AC, turned my car off, got out of my car and locked it (boop boop).
When I did this, I got harassed about trying to "hide" something and the cop asked if he could search my car.
I then said , in these exact words, "no I do not give you consent to search my vehicle"
When I said that , the cop said "for my safety , I am going to pat you down , and I am letting you know you are not under arrest" I said OK and then put my keys on my trunk, and let him pat me down . The other cop grabbed my keys, unlocked my car and started searching.
I then got very mad and started yelling for him not to search my car until my lawyer gets on site, and grabbed my phone and started to call my lawyer. The cop then grabbed my phone and cuffed me and put me in the back of his car.
They found 2 separate baggies, that I use to put my prescriptions in every day.
You may have seen these at pharmacies, but they are baggies called
" EZ Dose Pill Pouch "
And they have a a line that says " Day " and two boxes, one for AM and one for PM
I had both baggies with 2 pills each, marked AM and Wednesday, as it was Wednesday morning.

EZY Dose - Pill Pouch - 100 ea
That is what they look like.

So I was arrested for possession of RX drugs. I was taken down to the sheriffs office and then searched more, and then I was given a DUI test and a blood test . I asked to call a laywer 3 times, which I was denied. I was asked not to take a blood sample, and was denied.
I passed the DUI test , and was considered SOBER according to the cop that works with drugs.
I spent the night in jail , and now have a court date.

So , why was I arrested ? Why did I get thrown in jail for having prescription drugs in a baggie, that was clearly not a dope addicts way of storing drugs. I had 4 pills, and I missed taking my medication (which is anti depressant and an anti anxiety) which caused me to get real weird and suicidal and went through withdrawal and had I a small seizure in jail.
I was denied my medication because it was evidence, even though I had a seizure and busted my head open on the nasty jail floor that was beyond overloaded.

I have to go to court soon, and what should I say ? I was denied all rights and denied seeing a lawyer and denied everything, all because of 2 Klonapins and 2 Paxil pills .

I was bullsh*tting with the phlebotomist and telling him all kinds of stuff about drugs and was talking with some of the other cops about computer crimes and my work, and my bad back and yada yada. I was making the best of my time there.
The assh*le who arrested me was going through my phone calling people in it , so I then said "so is my proprty now the property of the city of phoenix?" and two of the cops said "no why" and I said "because that d*ckhead is helping himself to my minutes and using my phone" they promptly told him to stop , and put it away. I then asked AGAIN if I could call a lawyer and then asked the arresting officer what made him decide to arrest me and why he searched my car. He avoided the phonecall I asked for , and said "I searched your car because I found it strange that you were smashed into a dirt hill and wouldn't let us search, and that usually means you have something on you" I said " ok so you just admitted you searched my car illegally?" and he said "I bet your going to say that in court aren't you?" Then I asked to call laywer again and he said sit tight , and locked me in a small cell for 5 hours, then when his shift was over I was processed and brought down town to jail and stuff.

Anyway ,
What is going to happen to me ? What should I do ? I felt like I was raped...
I lost my car, lost my job, didn't get paid for the job that day because all of my stuff is in my car and I wasn't able to run in a receipt and I still have the customers money in my car and the bill for the work I did.
I am scared what is going to happen to me , and what I should do. I cannot afford a lawyer, I cannot afford any legal advice , and I felt like this was all unjustified.
I cannot find one of my bottles for my prescriptions , but have the other one. I imagine if i bring those in, then they cannot change the charge to a DUI can they ? So far it is just for 2 counts of Rx prescription drug possession - misdemeanors .
Also I was 2 months away from being off probation, for 5 years. 2 months and this happened....
Ever since this day my life has been hell....

Any advice for this messed up guy ? I am at a loss for action....

-D

Another thing. I don't have a date or over the counter med bottle. Mine is a small sewing case I carry some of my 9 meds in including Valium, Morphine, 2 prescription sleep meds and my pre-cancerous stomach med Nexium. I've carried this at approx 20 yrs and many cops have seen it. I am Ordained as a Minister with Church, but like I say, cops do what they desire. Criminals learned how to stay out of jail. They become cops, judges attorneys or guards. The Declaration of Independence says we beat the King for "Quartering LARGE BODIES OF ARMED TROOPS AMONG US". What are cops? "We can alter or ABOLISH and INSTITUTE a new Government" also by the Declaration, but Americans are too brainwashed to Unite for this. It also says that we the Governed are the POWER of the UNITED STATES, NOT ELLECTED POLITICIANS. I am President of a group I'm starting for the mainly poor white American male called Just -Us where we cannot buy American Justice. Any gender or race can be honorary members as women and other races have more rights than we do as I've been fighting for Justice and a grant to get my small business started, and there are grants for other races and women, but NONE for the white male. Songwriter960