Can I get out of it?

[LeroyFish]

What is the name of your state? CA

Last week I was caught smoking a joint in... and I swear this is true... a police car. Fricken funny, huh? See, my friend dared me to light up a joint in his neighbor's squad car (it was unlocked) so he could take a picture of me. It was really funny and we posted it on MySpace but some narc ratted me out and I was arrested.

I was so stupid because I let my friend take the picture of me exhaling holding the joint in one hand and a fat bag of nugz in another (otherwise I could have just claimed it was tobacco).

Anyways, they got all these cracked up charges on me now. But I have a hypothetical question:

Let's say my buddy Rusty works at the police station as a janitor and has access to some files and he accidentally deletes/throws out mine and throws out the bong they confiscated from me in the evidence locker, what would they do? They wouldn't have a case, right? Like, they could just forget about it, right?

This is totally hypothetical though - I would put my buddy in that position.

Just curious...

RON PAUL 2008!

 

[Happy Trails]

What is the name of your state? CA

Last week I was caught smoking a joint in... and I swear this is true... a police car. Fricken funny, huh? See, my friend dared me to light up a joint in his neighbor's squad car (it was unlocked) so he could take a picture of me. It was really funny and we posted it on MySpace but some narc ratted me out and I was arrested.

I was so stupid because I let my friend take the picture of me exhaling holding the joint in one hand and a fat bag of nugz in another (otherwise I could have just claimed it was tobacco).

Anyways, they got all these cracked up charges on me now. But I have a hypothetical question:

Let's say my buddy Rusty works at the police station as a janitor and has access to some files and he accidentally deletes/throws out mine and throws out the bong they confiscated from me in the evidence locker, what would they do? They wouldn't have a case, right? Like, they could just forget about it, right?

This is totally hypothetical though - I would put my buddy in that position.

Just curious...

RON PAUL 2008!

I'm just curious too, what county? (rhetorical question)

 

[LeroyFish]

Oh yeah, and isn't the police officer liable for leaving his car unlocked or something?

 

[Zigner]

Potheads for Ron Paul, huh?

 

[Happy Trails]

Oh yeah, and isn't the police officer liable for leaving his car unlocked or something?

Good question!

I'm also curious, if police don't lock their house, wouldn't the police officer be liable if someone burglarized his/her home?

 

[garrula lingua]

A bong isn't illegal in CA, unless there's a municipal ordinance involved.

OP: post the offense stated on the ticket, including the citation to the Code.


I don't believe the post.

 

[LeroyFish]

Bongs aren't illegal?!?!?!?!?!

Can this be my defense? I tried telling him that I only smoked tobacco in it but he said he was going to test the ashes. So are you telling me it's important that I do whatever I can to make sure he isn't able to test the ashes and residue?

If he can't test the ashes that an illegal arrest, right? Should I get a lawyer and sue?

 

[CdwJava]

Let's say my buddy Rusty works at the police station as a janitor and has access to some files and he accidentally deletes/throws out mine and throws out the bong they confiscated from me in the evidence locker, what would they do? They wouldn't have a case, right? Like, they could just forget about it, right?

Trust me, your buddy Rusty wouldn't know where all the copies were and whether it had been filed yet with the DA ... all that would happen is he would be opening himself up to a lengthy prison term just to help keep you from paying a fine ... stupid.

You think the entire record is kept in just one place?? And if you were cited or arrested, or they were seeking charges, the matter has been sent to the DA ... so, the DA and the court will have a copy of the report and associated documents as well.

But, I wouldn't worry ... a picture does not prove that you were smoking marijuana ... it only proves that you were smoking something in the police car.

What are they charging you with? Trespassing?

- Carl

 

[CdwJava]

Oh yeah, and isn't the police officer liable for leaving his car unlocked or something?

His department might spank him, but he is no more responsible for you getting into his unlocked patrol car than a homeowner is for a burglar entering an unlocked home - it can still be a crime! You don't get a pass because he left it unlocked ... do you walk into your neighbors' homes when they leave the door unlocked?


- Carl

 

[CdwJava]

Bongs aren't illegal?!?!?!?!?!

Nope. Not in California, anyway.

Can this be my defense? I tried telling him that I only smoked tobacco in it but he said he was going to test the ashes. So are you telling me it's important that I do whatever I can to make sure he isn't able to test the ashes and residue?

How are you going to stop them from testing the ashes? If the police have the evidence, they can do what they want.

If he can't test the ashes that an illegal arrest, right? Should I get a lawyer and sue?

Huh? Were you arrested?

Failing to make a case is NOT the same as making a bad arrest. If they can't prove their case, then you just get lucky.

Try to grow a brain ... stop smoking the dope - that'll help.

- Carl

 

[LeroyFish]

They are charging me with possession with intent (the bag I was holding had a good 6 oz in it), possession of paraphernalia, trespassing, dui (they say the keys were in the car - guess they have a quota to meet) and delinquency of a minor because another pic on myspace showed me smokin' up with my little bro.

 

[CdwJava]

They are charging me with possession with intent (the bag I was holding had a good 6 oz in it), possession of paraphernalia, trespassing, dui (they say the keys were in the car - guess they have a quota to meet) and delinquency of a minor because another pic on myspace showed me smokin' up with my little bro.

What are the code sections?

Proving possession is going to be tough unless they have seized THE dope you had in the car ... a bong or marijuana pipe is not "paraphernalia" as defined in the Health and Safety Code .. and DUI is not likely to stick without any observed driving or ignition of the car, and no evidence of impairment. Trespassing is the only viable offense I see here ... and even that might be weak depending on what specific section was cited.

Contributing to the delinquency of a minor might be possible ... but they'll still have to do some good legwork to make that case, too.

The bottom line is that what you did was stupid. The cops are pissed, and they are filing anything they can think of against you even though I doubt much will make it past the DA.

In the final analysis, either the cops your way are very desperate and are grasping at straws, or, this whole thing is a put-on. If the officers involved have any moderate amount of knowledge they should know how difficult any of these charges will be to stick ... so, please post the specific code sections you are charged with so that we can know whether you are spoofing us, or if this is for real (which would be tragic, and I would be embarrassed for the agency that they would even attempt to try most of these offenses if they are as you stated).

- Carl