Distribution of marijuana???

[FixingMyLife]

I failed to yield while turning left. I had just picked up a half ounce (14g) of marijuana. I also forgot to leave a 2g bag of marijuana at my house. I buy in bulk (if you consider a half to be bulk) because I make it last me a month or so..Yes i smoke with my friends but I'm not a damn drug dealer, I just enjoy smoking weed. Anyway, as soon as I saw the Officers lights come on, I ate the 2g bag of weed. The bag fell to the floor just near the brake pedal. The officer approached the car and immediately said he smelled marijiana. I stepped out of the car as he told me to do, was searched by the officer and he found nothing on me. My friend in the passenger seat was searched and nothing was found on him. They told my friend and I to stand infront of the cop car while they searched the car. The car is NOT mine, it is registered to a co-worker who was letting me use the car until I got my new one. I told the officer that he needed a warrant to search the car, he said he did not because he had "probable cause," I then told him that the car is not mine and that he needed to provide my co-worker with a search warrant. He replied with "shut your damn mouth" and proceded to search the car. The glove box was locked as well as the trunk. The officer literally ripped the glove box out of the car and he also took the keys from the ignition and searched the trunk. The officer found the Half ounce of marijuana under the center console after searching for about 20 minutes. He then pulled me to the side of his Police Car and said "I am going to give you two options, Possession of Marijuana or Drug Paraphanelia (the officer found my hookah in the trunk, No marijuana has ever been smoked out of it). Like any normal person I said I'd like the paraphanelia charge, the officer said that If I broke the hookah, he wouldn't charge me with it. So I broke it on the street like he told me (glass in the ****ing street real smart right??) Then after I threw and broke the hookah the officer said come here, turn around, place your hands behind your back etc..He said he was arresting me for possession of marijuana. I watched as he put the "1" half ounce bag of marijuana into an evidence bag. Then we went to the Magistrate, the cop told his story to the magistrate. Then the magistrate asked the officer if there were any other "baggies" in the car. The officer first replied with " no just alot of blunt papers " then changed his answer to "actually there was 1 baggie, or maybe 2, wait actually there were 3! When I picked my car up from the tow shop the next day, the other bag that held the weed I ate was sitting in the same ****ing spot near the brake pedal. So there is no way it could be used as evidence for distribution. Now I am being charged with Marijuana:Sell/Give/Dist/Pwid >1/2 OZ <5 LBS

I am posting this to ask a couple of questions.

1. Could a lawyer use the cop's lie against him and prove his story uncredible therefor causing the charge to be dropped.

2. Are baggies/scales even needed to charge someone with distribution.

3. Was it illegal for the officer to search my trunk and glovebox being that he did not provide a search warrant even though he had "probable cause"

P.S. I know that I am guilty of possession..if that was the charge, I would accept my punishment and move on with my life..Distribution is a class 5 Felony that I don't want to follow me around especially since I don't ****ing sell weed.

Any and all advice is welcome. Again, thanks for your help.

 

[CdwJava]

The officer approached the car and immediately said he smelled marijiana.

No shocker there.

They told my friend and I to stand infront of the cop car while they searched the car. The car is NOT mine, it is registered to a co-worker who was letting me use the car until I got my new one. I told the officer that he needed a warrant to search the car, he said he did not because he had "probable cause," I then told him that the car is not mine and that he needed to provide my co-worker with a search warrant.

Actually, he did not need a search warrant. Unless your state is one of the one or two that appear to not recognize "plain smell," the pungent aroma of marijuana is quite sufficient to support a claim of probable cause to conduct the search of the vehicle.

He replied with "shut your damn mouth" and proceded to search the car. The glove box was locked as well as the trunk.

The TRUNK may have exceeded his ability to justify solely through probable cause of an aroma. Too bad for you the dope wasn't found in the trunk!

1. Could a lawyer use the cop's lie against him and prove his story uncredible therefor causing the charge to be dropped.

What "lie?" You were in possession and he may have seen some baggies. I suspect that without the baggies seized as evidence, the DA will never pursue a sales or distribution case ... unless you or your pal admitted that you were sharing the dope with others. Even GIVING it away is distribution (arguably, then, so is sharing it).

2. Are baggies/scales even needed to charge someone with distribution.

Specifically, no. With such a small amount, it would help.

3. Was it illegal for the officer to search my trunk and glovebox being that he did not provide a search warrant even though he had "probable cause"

The trunk, probably not lawful ... the unlocked glove box, probably lawful.

P.S. I know that I am guilty of possession..if that was the charge, I would accept my punishment and move on with my life..Distribution is a class 5 Felony that I don't want to follow me around especially since I don't ****ing sell weed.

Yes, but you share it and pass it along to your friends - that's the same offense.

As I mentioned, I doubt that the DA will be able to make a case for distribution without an admission on your part or your pal's part, other indicia, or without the baggies in the possession of the police. I suspect that you will see an amended charge to possession come down.

 

[sandyclaus]

You don't need to SELL the drugs to someone to be charged with distribution. Distribution is just that - actually DISTRIBUTING, or giving out, or sharing your drugs with others.

You already admitted that you shared your marijuana with your friends. How nice that you had enough to do that! And being in possession of that quantity is why you got charged as you did.

 

[tranquility]

Actually, he did not need a search warrant. Unless your state is one of the one or two that appear to not recognize "plain smell," the pungent aroma of marijuana is quite sufficient to support a claim of probable cause to conduct the search of the vehicle.

That's why the state is important. There are two recently decided cases specifically on the plain smell of marijuana and search of vehicle. One state says the mere smell is not probable cause for search and the other says it is. (Yet another distinguishes between level of smell and another the type of smell. [In that case burnt did not give rise to PC for trunk.])

Specifically, no. With such a small amount, it would help.

The term the OP is searching for is "indicia" of distribution. Trying to prove what a person's intent is is hard. Unless he confesses, how can we tell? One way is that people who sell things tend to have things to help them divide and sell it. Indicia is good, but not necessary. They could have a statement, they could have a cell phone, heck, they could have a multi-whipped hookah with residue on the bowl as all might lead a jury to believe there was/is a distribution. (Depending on all the facts.)

The trunk, probably not lawful ... the unlocked glove box, probably lawful.

Well, in at least one state an officer smelling a "strong" smell of raw marijuana was probable cause for search of the trunk. Pity the OP was unable to answer the sole question asked.

 

[CdwJava]

Yep. Totally agree. The mention of the state is vital because so much can change by state and by Circuit Court of Appeals.

 

[FixingMyLife]

Original Poster

I live in Virginia, this happened in Spotsylvania. I never admitted to "sharing" with my friends. I told the cop that the marijuana was mine and I buy half ounces at a time because it lasts me a month or so. The glovebox was locked aswell. The hookah never had marijuana smoked out of it. And he didn't smell the "raw" weed, he smelled the two blunts that I had just smoked. Go figure lol..

I have enrolled myself in a drug program, I've quit smoking pot and drinking aswell. I've even quit smoking cigarettes. I told all my old friends I couldn't hang with them anymore because I've realized that I'll keep reverting to this lifestyle of drugs and liqour. I have a job..So i'm just saving my money for a lawyer. What else could I do that might make the judge be a little more "nice."

How should I plea?

Should I get a court appointed lawyer?

Should I get my own lawyer?

Again thanks for the insight.

 

[FixingMyLife]

Btw

Btw this is my only offense besides when I was 15, I got a possession charge and was given first offender status. I'm 19 now. Do you think i'll get first offender status again?..

 

[tranquility]

See:

http://www.courts.state.va.us/opinions/opncavtx/1077093.txt

 

[FixingMyLife]

Tranquility

See:

http://www.courts.state.va.us/opinions/opncavtx/1077093.txt

I'm not arguing that the officer had probable cause..I know he smelled the blunts we had smoked before getting into the car. I'm asking if I'm going to get a felony distribution charge..

 

[tranquility]

We can't know all the facts. Get an attorney. Like Carl, I think this seems thin for distribution. I bet a deal will be offered.

 

[FixingMyLife]

Appreciate it

Thanks for the help.