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Confused Arrest

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rpfitch

Junior Member
What is the name of your state? (US Law Only) Colorado
My 20 year old son was detained by police in Durango, after admitting to an outstanding warrant in Denver. During the detainment, the police, without permission, searched his belongings and car and found marijuana, divided up in separate bags and a scale, all toll, less than an ounce. Once they arrived back at the police station, before my son was arrested/booked/charged a notice had come from Denver saying that the warrant was unextraditable so they let him go, without arresting/booking/charging him, they instead told him they were going to "hold" the charge (a 4th degree felony for intent to sell) until after he spoke with a drug task force officer who in turn promised to help with the "held" charges if he complied with some ridiculous requests to garner information for the drug task force in Durango. My son decided not to cooperate out of fear, a reasonable response, based on what he was being asked to do. He was free to go, but now since he did not cooperate with the drug task force the police are threatening a warrant for his arrest on the "held" charges. I guess i need to find out, if this process is normal, legal? Can he be brought up on charges where the search was suspect, due to no law being broken, and how long can charges be "held" before they have to processed through the court system to get a warrant?
 


What is the name of your state? (US Law Only) Colorado
My 20 year old son was detained by police in Durango, after admitting to an outstanding warrant in Denver. During the detainment, the police, without permission, searched his belongings and car and found marijuana, divided up in separate bags and a scale, all toll, less than an ounce. Once they arrived back at the police station, before my son was arrested/booked/charged a notice had come from Denver saying that the warrant was unextraditable so they let him go, without arresting/booking/charging him, they instead told him they were going to "hold" the charge (a 4th degree felony for intent to sell) until after he spoke with a drug task force officer who in turn promised to help with the "held" charges if he complied with some ridiculous requests to garner information for the drug task force in Durango. My son decided not to cooperate out of fear, a reasonable response, based on what he was being asked to do. He was free to go, but now since he did not cooperate with the drug task force the police are threatening a warrant for his arrest on the "held" charges. I guess i need to find out, if this process is normal, legal? Can he be brought up on charges where the search was suspect, due to no law being broken, and how long can charges be "held" before they have to processed through the court system to get a warrant?
This was legal. Your scumbag drug dealing son is now going to go to trial and possibly lose his civil rights and become a felon.
 

rpfitch

Junior Member
yeah, I can see where you could come up with that intelligent description of my son, seeing as how you know him so well, must be nice to live in such a black and white world..
 
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seniorjudge

Senior Member
Q: I guess i need to find out, if this process is normal, legal?

A: Yes.


Q: Can he be brought up on charges where the search was suspect, due to no law being broken, and how long can charges be "held" before they have to processed through the court system to get a warrant?

A: The search was not suspect; it was a search incident to an arrest. The charges can be filed any time within the statute of limitations.
 

Antigone*

Senior Member
yeah, I can see where you could come up with that intelligent description of my son, seeing as how you know him so well, must be nice to live in such a black and white world...
If you can't see that your son is behaving in a manner that deterimental to society then I guess it is true the apple doesn't fall far from the tree.
 
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yeah, I can see where you could come up with that intelligent description of my son, seeing as how you know him so well, must be nice to live in such a black and white world..
I must have hit a nerve with the truth there. I simply detest criminal drug dealing scum bags like your son. I came to that conclusion from your post when you stated, "searched his belongings and car and found marijuana, divided up in separate bags and a scale" and he was charged with "a 4th degree felony for intent to sell."

If there is another spin to this I would love to hear it.
Let me try a few; He had the drugs divided up so he could ration them. The scale was just so he knew he wasn't getting ripped off. He was shopping around to find who had the best stuff. They were just free samples provided by the different dealers in town.

I am a fully productive member of society that hopes kids like yours never come into any type of contact with mine. It would be in your sons best interest to comply with the officers demands and avoid a felony conviction. Either way your son is learning a life long lesson that you should have taught him yourself.

Thanks wireless, I didn't think you cared.
 
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