Gideon_4474
Junior Member
Facts of Case: Son and Girlfriend driving back from California to New Mexico in August. When near the NM State line the Navajo Police pulls him over for "Tinted Windows". After the Traffic Stop the Officer gives him a warning citation...After he hands his license back and the Warning Citation the Officer asks if my son has any drugs and could he search the car. My son says no you need a warrant. The Officer tells him that Arizona Law is different than New Mexico Law and he does not need a warrant. He deploys the K-9 who up until that time was caged up in his patrol unit. The k-9 (aggressive alert trained) scratches the 06 Mustang (I own) to hell. The K-9 alerts??? and they search the vehicle (Officer's Backup arrived). The
officer ends up seizing 2 herb grinders bought in California still in their boxes with price tags attached.
The Officer tells my son that he can't own them because they are paraphernalia. He seizes them....does
not cite him nor does he give him a receipt for the items. My son arrives home and tells me what happened. I call the Navajo Police and ask to talk to the officer that stopped him. I do. I even tell him that I have 18 years Federal Law Enforcement experience. He actually states to me that Arizona Law is different that he does not need a warrant in Arizona?????( I know that the K-9 when it alerts that is PC But remember the K-9 was still in the officers vehicle and my son had stated that he could not search. (Was the stop for tinted windows just an excuse to search the vehicle??) I called the Navajo Police IA and requested that my car be repaired. They wanted pictures which I sent and an estimate. They even sent an Officer to Albuquerque to look at the vehicle on Nov 19th. Two weeks later I called and am told that "property management will take care of it. The person with PM is never able to come to the phone. On December 12(Friday) I receive in the mail for my son a summons to appear on the 19 of December before a Justice of the Peace. My son is being charged with a 6th degree felony!!!!!????"Possession of Drug Paraphernalia??? What Paraphernalia? Somebody please tell me....since when is a "herb grinder" considered Drug Paraphernalia??? This is clearly retribution....Anybody with some suggestions? The Summons was sworn by a different officer on November 24!!!! Is the PD and ADA playing hardball on
a young 22 year old with a 3.8 gpa in electrical engineering because I want MY car repaired???
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officer ends up seizing 2 herb grinders bought in California still in their boxes with price tags attached.
The Officer tells my son that he can't own them because they are paraphernalia. He seizes them....does
not cite him nor does he give him a receipt for the items. My son arrives home and tells me what happened. I call the Navajo Police and ask to talk to the officer that stopped him. I do. I even tell him that I have 18 years Federal Law Enforcement experience. He actually states to me that Arizona Law is different that he does not need a warrant in Arizona?????( I know that the K-9 when it alerts that is PC But remember the K-9 was still in the officers vehicle and my son had stated that he could not search. (Was the stop for tinted windows just an excuse to search the vehicle??) I called the Navajo Police IA and requested that my car be repaired. They wanted pictures which I sent and an estimate. They even sent an Officer to Albuquerque to look at the vehicle on Nov 19th. Two weeks later I called and am told that "property management will take care of it. The person with PM is never able to come to the phone. On December 12(Friday) I receive in the mail for my son a summons to appear on the 19 of December before a Justice of the Peace. My son is being charged with a 6th degree felony!!!!!????"Possession of Drug Paraphernalia??? What Paraphernalia? Somebody please tell me....since when is a "herb grinder" considered Drug Paraphernalia??? This is clearly retribution....Anybody with some suggestions? The Summons was sworn by a different officer on November 24!!!! Is the PD and ADA playing hardball on
a young 22 year old with a 3.8 gpa in electrical engineering because I want MY car repaired???
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