possession of thc

[bmiller]

What is the name of your state? wisconsin
i was picking a friend up from on of his neighbors house, apparently the police had a search warrant to search the house that he was at. when i left, i was followed until i stopped at a local taco bell, they arrested and searched me. they found nothing on me. then they searched my car and said that they found marijuana beans on the floor of my car. i am not a user and i do not allow drugs in my car, how the beans got there is beyond me, but they charged me with "possession of THC". is there any way that i can fight this charge?

 

[stephenk]

was your friend in the car when you got pulled over?

 

[bmiller]

yes my friend was in the back seat, but he was not part of the search warrant. the warrant was only for the house that he was just at. (he lives down the street)

 

[stephenk]

who was in the front passenger seat?

 

[I AM ALWAYS LIABLE]

My response:

In what section of the car were the beans found?

And what, pray tell, are marijuana "beans"?

Do you mean seeds?

IAAL

 

[stephenk]

You know those magic beans. Like the kind Jack got for the cow.

 

[I AM ALWAYS LIABLE]

You know those magic beans. Like the kind Jack got for the cow.

My response:

Oh.

And we all know that was one hell of a Marijuana plant that Jack climbed!

I thought those leaves on the Stalk looked a little familiar . . .

IAAL

 

[bmiller]

my friend that was with me before was in the passenger seat, te guy that i just picked up was in the back. and i do mean marijuana seeds, they were never tested, and the cops said they found them on the floor and under the floor mats in the back

 

[HomeGuru]

Then tough beans.

 

[hmmbrdzz]

Beans, huh? It's apparent you aren't a "user", and (I'm sorry), but I laughed like crazy at your bean dilemma. Technically, there is THC in those little beans. Was it a whole bunch of seeds or just a few? Since it involved a search of your vehicle, you would certainly be better off with an attorney in an attempt to fight it.




hmmbrdzz

 

[bmiller]

i guess you would call it just a few beans, when i looked back there for myself, i only found a few (completely unoticeable
), and i was told from a friend majoring in law, that since none of us were a part of the search warrent, that the police should have no reason to find us suspicious, hence giving them no reason to follow me or search me or my car. Is this true?

 

[hmmbrdzz]

Whether the police had reason or not to follow you would depend on what they were coming after and what they saw after they arrived for the search. I'm no attorney, but I would think if they saw you pulling out upon their arrival for a search, they would have reason to follow you (i.e. for suspicion that you may be involved in criminal activity). And then, if you consented to a search (which you should never do by the way) of your person and/or the vehicle, they would have reason to arrest you for possession if they found something (in this case -- a few seeds). And then, if you talked, you could give them further evidence.

You have certain rights during a search and during questioning, and if an attorney on your behalf thought the officer violated your rights, the attorney would probably attempt to get the evidence (the seeds) suppressed. If that happened, there wouldn‘t be much of a case against you. I would strongly recommend -- if you’ve been busted for possession of THC for a few SEEDS after a search, that you get an attorney and shoot to have all charges against you dropped.


hmmbrdzz