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Possesion and Paraphinalia

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bitedown420

Junior Member
I am in Fort Collins, Colorado. I'm 18 years old.
Yesterday I was just watching TV in my dorm with my friend and there was a knock on the door. It was campus police who said he had recieved a drug complaint(from my Resedience Assitant). He walked into my room and asked if I had anything in my room. I denied having anything and told him we weren't smoking(honestly we weren't, they hear that all the time but this is the truth). Of course they didn't believe me. The RA told the cops that she has had many encounters with me smoking weed, the first being my second day here when i got my first citation but no ticket, the other 5 times she claims she couldn't contact me(obviously lieing to strenghten her case). She explained to the cops who in turn explained to me that she smelt weed on the other side of the hall, more than 100 feet away, and traced it distintively to my door. The cops asked to search my room and I told them no. They asked why and I responded that I didn't want them rumaging through my personal belongings and asked him how he would feel if I showed up to his house while he was watching TV and asked to search his house, he didn't respond. Anyways, they told me if I had a little for personal use it wouldn't be a problem. So I handed him less than a gram marijuana and a small glass pipe. He proceded to write me a ticket for both possesion and paraphinallia, neither my friend or roommate were written a ticket. I asked him that since I was honest and helped him by giving him the weed, even though I was innocent of consuming it at the time, if he could drop the paraphinalia, he didn't. I signed my summons to court and they left.

This is my second possesion of less than an ounce(18-18-406(1)) and second paraphinilia(18-18-428) ticket. Both of my first tickets were dropped once i completed a drug abuse class. These tickets were in another county though.

Both my roommate and friend are eye witness' that I was not smoking and therefor should not have been question, contacted, or searched. My window was wide open allowing ample air flow, my roommate had returned less that 15 minutes before the cops showed up and sprayed air freshener by the door because he felt smell horrible when he takes off his shoes, and there was no marijuana smell present to anyone on my hall besides the 2 RA's and the 2 pigs.

Overall I have 2 minor in possesions of alcohol, 1 possesion of less than an ounce, and 1 possesion of paraphinilia. All in a different county than this ticket.

Do I have any legal standing to fight this case? I feel I was wrongfully approached and question, even though I was in possesion I was not using it or was it out in plain sight or where the sent could have drifted.What is the name of your state?What is the name of your state?What is the name of your state?
 


FlyingRon

Senior Member
What makes you think the cops aren't allowed to contact or question, especially when responding to a complaint?

You weren't searched, you volunteered the evidence of your guilt.

You haven't a leg (smelly feet or otherwise) to stand on here.
 

bitedown420

Junior Member
they told me if i had a little bit( i would consider a little less than an a gram) for personal use that it wouldn't be a problem yet they proceeded to write me a ticket.

so it sounds like i just have to take it like a man?
 

CdwJava

Senior Member
All because you were not smoking at that time does NOT mean the air did not wreak.

People who don't smoke the junk can usually smell it on clothing, in the air, and even when it's wrapped up and still unsmoked!

Marijuana has a distinct and very pungent aroma to it - especially when it has been smoked. Chances are they smelled it somewhere. They sweet-talked you and you turned over the dope and the pipe.

Now, you can hire an attorney and fight the charges all you want ... in the end, the result will likely be the same, but you do have the right to go to trial should you so choose. Note that Miranda is no an issue, they were under no legal obligation to drop any charge, and they can fib ... to some degree.

- Carl
 

FlyingRon

Senior Member
What makes you think "consumption" is an issue here?

You got two petty offense tickets for what $100 each?
You're lucky your in Colorado, this is pretty lax compared to much of the country.

What possible excuse do you have?
 

CdwJava

Senior Member
Does anyone have advice for me, instead of just telling me I have no ground to dispute this ticket?
You have a number of possibilities. How viable they are depends on the details.

Consult local counsel. Only a local attorney who can pull a copy of the police report can tell you whether you have any viable defense or chance of suppression.

From what you have written, I don't see anything obvious. So, you can balance the cost of the attorney versus the fine and any future ramifications such a conviction might bring.

Good luck.

Oh, and stop smokin' the dope and this stuff won't happen.

- Carl
 

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