Posession of Marijuana in Tx

[and1player38]

All of this happened in the state of Texas. Over Easter Sunday a friend and I were heading to school at Texas Tech, on our way we were passing through a number of small towns. Throughout the trip I made sure to obey all speed limits; while we were passing through a small city we were pulled over.
As soon as the cop pulled me over he asked me for my license and registration, after I gave it to him he asked me to step out of the car. I got out and he asked me if I had valid insurance, I told him I did and gave him my valid insurance card. After that he finally told me that he stopped me for “not having a front license plate.” When the police officer said he wanted to search my car I told him he didn’t have my consent to search my vehicle, after telling him that he became very hostile and insisted that he was going to anyways. I told him twice that he could not search my car, in the end he decided he had probable cause due to the fact he could smell marijuana, even though there was no way the car smelled (we had not recently smoked in it and everything was put away). Since the cop had asked me to step out and made me stand next to his police car and my window was rolled down and my doors weren’t locked there was nothing I could do anything to prevent him from searching. In the end he took the following into evidence: 2 grams of marijuana, 2 completely unused pieces, 2 grinders, a bong, a bunch of unopened blunt wraps and cigars, my car’s wheel locks (which they thought was paraphernalia), and a fake ID.
They then proceeded by arresting both my friend and I on a class b misdemeanor for “possession of marijuana under 2 oz” and also gave both of us class c misdemeanor’s for paraphernalia. Never at any point throughout the entire arrest were either of us read our rights, nor did the police ask whose everything was.

I have a few questions regarding the situation.
1) Did they have the right to arrest both us?
2) Since our rights weren’t read to us doesn’t that mean anything we said or did can’t be used against us in court? And does that mean the only thing they can use against us is the evidence they found?
3) The police let us see their 2007 Texas law book, which says, that to have probable cause to search a car they must see something in plain site; never anywhere does it say anything about and odor being enough to warrant probable cause.
4) While we were in the police station when the police officer was typing up his affidavit another officer reminded him to include that based on “his professional training he could lawfully decide that the car smelled of marijuana and therefore could legally search the vehicle without my consent.” Seeing as even if they could search my car on the decision that my car smelled like marijuana since they unknowingly took other items from my car that wasn’t paraphernalia (but they thought it was) couldn’t that discredit their “professional opinion”?
5) Can the police lawfully take my unused chillum, unused bowl, and unopened cigars and blunts as paraphernalia?

 

[garrula lingua]

I don''t see where the cops did anything wrong.

Yes, a conviction can be achieved on 'in plain smell', rather than 'in plain view'.

Whether the cop could smell the mj is an issue of fact for the jury.
To be honest, these cops really CAN smell mj - I've seen it.
The jury is usually convinced by the fact that THE COP WAS RIGHT - YOU DID HAVE MJ.

 

[FlyingRon]

After that he finally told me that he stopped me for “not having a front license plate.”

That's all the cause he needed for the stop.

I told him twice that he could not search my car, in the end he decided he had probable cause due to the fact he could smell marijuana, even though there was no way the car smelled (we had not recently smoked in it and everything was put away).

He could smell it on you and it's unlikely that "recently smoked" makes a difference if you ever have smoked in it. The smell persists, you might not be able to detect it but someone not riding in the car who is not a pot smoker themselves certainly can.

They then proceeded by arresting both my friend and I on a class b misdemeanor for “possession of marijuana under 2 oz” and also gave both of us class c misdemeanor’s for paraphernalia. Never at any point throughout the entire arrest were either of us read our rights, nor did the police ask whose everything was.

You're lucky he didn't hit you with charges for the ID and a few others he might have.

2) Since our rights weren’t read to us doesn’t that mean anything we said or did can’t be used against us in court? And does that mean the only thing they can use against us is the evidence they found?

Miranda has nothing to do with physical evidence. Only questioning while you are in custody. You weren't in custody and you weren't questioned.

5) Can the police lawfully take my unused chillum, unused bowl, and unopened cigars and blunts as paraphernalia?

Absolutely, the law doesn't limit it to things that "have been used" but encompasses things that "could be used."

 

[JETX]

1) Did they have the right to arrest both us?

Of course they have the right to arrest. Whether the arrest was warranted or not will depend on a full review of the facts by the court.

Since our rights weren’t read to us doesn’t that mean anything we said or did can’t be used against us in court? And does that mean the only thing they can use against us is the evidence they found?

Nope. A lot of people misunderstand the requirements of Miranda. Too much television.

3) The police let us see their 2007 Texas law book, which says, that to have probable cause to search a car they must see something in plain site; never anywhere does it say anything about and odor being enough to warrant probable cause.

And of course, that is not accurate. Probable cause can arise from several non-visible issues.

While we were in the police station when the police officer was typing up his affidavit another officer reminded him to include that based on “his professional training he could lawfully decide that the car smelled of marijuana and therefore could legally search the vehicle without my consent.” Seeing as even if they could search my car on the decision that my car smelled like marijuana since they unknowingly took other items from my car that wasn’t paraphernalia (but they thought it was) couldn’t that discredit their “professional opinion”?

Could it?? Of course.
Will it?? Depends on the FULL facts and the court.

Can the police lawfully take my unused chillum, unused bowl, and unopened cigars and blunts as paraphernalia?

Yep.

 

[georgeshigherst]

All of this happened in the state of Texas. Over Easter Sunday a friend and I were heading to school at Texas Tech, on our way we were passing through a number of small towns. Throughout the trip I made sure to obey all speed limits; while we were passing through a small city we were pulled over.
As soon as the cop pulled me over he asked me for my license and registration, after I gave it to him he asked me to step out of the car. I got out and he asked me if I had valid insurance, I told him I did and gave him my valid insurance card. After that he finally told me that he stopped me for “not having a front license plate.” When the police officer said he wanted to search my car I told him he didn’t have my consent to search my vehicle, after telling him that he became very hostile and insisted that he was going to anyways. I told him twice that he could not search my car, in the end he decided he had probable cause due to the fact he could smell marijuana, even though there was no way the car smelled (we had not recently smoked in it and everything was put away). Since the cop had asked me to step out and made me stand next to his police car and my window was rolled down and my doors weren’t locked there was nothing I could do anything to prevent him from searching. In the end he took the following into evidence: 2 grams of marijuana, 2 completely unused pieces, 2 grinders, a bong, a bunch of unopened blunt wraps and cigars, my car’s wheel locks (which they thought was paraphernalia), and a fake ID.
They then proceeded by arresting both my friend and I on a class b misdemeanor for “possession of marijuana under 2 oz” and also gave both of us class c misdemeanor’s for paraphernalia. Never at any point throughout the entire arrest were either of us read our rights, nor did the police ask whose everything was.

I have a few questions regarding the situation.
1) Did they have the right to arrest both us?
2) Since our rights weren’t read to us doesn’t that mean anything we said or did can’t be used against us in court? And does that mean the only thing they can use against us is the evidence they found?
3) The police let us see their 2007 Texas law book, which says, that to have probable cause to search a car they must see something in plain site; never anywhere does it say anything about and odor being enough to warrant probable cause.
4) While we were in the police station when the police officer was typing up his affidavit another officer reminded him to include that based on “his professional training he could lawfully decide that the car smelled of marijuana and therefore could legally search the vehicle without my consent.” Seeing as even if they could search my car on the decision that my car smelled like marijuana since they unknowingly took other items from my car that wasn’t paraphernalia (but they thought it was) couldn’t that discredit their “professional opinion”?
5) Can the police lawfully take my unused chillum, unused bowl, and unopened cigars and blunts as paraphernalia?

texas really needs a CCB, if you are a card holder it may help the case if not get one

 

[Kane]

The search was lawful, if the officer smelled marijuana. And yeah, the judge probably will believe him if he says he did.

Miranda only applies to custodial interrogations., and it's only helpful if you actually said something incriminating.

You didn't say where the pot and para were found, but in drug cases it's useful to remember that the state has to prove you had care, custody, or control over the substance, and that you had it knowingly. Simply being in the car with it doesn't make you guilty.

As a practical matter, negotiating for a deferred prosecution or a reduction is probably the cheapest/easiest way of resolving it.

 

[and1player38]

Update: I know it's a bit late but I figured I would give an update to this case.

Three or so months after being arrested and after the city offering me 2 years of probation along with a possession the case was completely dismissed.

As I had mentioned I told the police officer "no" to his search which was recorded on his dash cam. After hiring an attorney who is used to dealing with the low-lives of Jacksboro, Tx I was able to get the entire ticket dismissed with one simple request. As soon as my attorney requested the dash cam video of the arrest the city said they "lost" the tape and dismissed my case. My friend with me did the same thing after mine was dropped and they did the same for him too.
They also never charged us with the paraphernalia, I was worried as the two year mark came up if they were going to try and pull a quick one.

My only question now is am I entitled to the get the valuables back that the police confiscated from me as evidence in case that was dismissed??

 

[mlane58]

Update: My only question now is am I entitled to the get the valuables back that the police confiscated from me as evidence in case that was dismissed??

You are kidding right? You state in your first thread:

2 grams of marijuana, 2 completely unused pieces, 2 grinders, a bong, a bunch of unopened blunt wraps and cigars, my car’s wheel locks (which they thought was paraphernalia), and a fake ID.

Get off the dope!

 

[and1player38]

Excuse me? You can keep your assumptions to yourself.

Yes the cases were dismissed for both my friend and I.

It's been a while but I want my stuff that the police STOLE back. I mainly want my wheel locks back, I'm tired of using my roommates and I'll be passing through the area in two weeks when I go home for Spring Break. They should still have all of my stuff right?

 

[Son of Slam]

Update: ...I figured I would give an update to this case.

After hiring an attorney .... My friend with me did the same thing ...

I sense you have a feeling of accomplishment. Truth is you did the crime and you were made to pay for it.