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Residue and Rolling Papers

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crocostimpy

Junior Member
What is the name of your state? North Carolina.

Ok, so I live on a University campus (I hope everyone can still help me) and I have a room to myself. People are always in and out of my room and such. Well, on 9/20/06, two officers knocked on my door and said they had a report of the smell of marijuana coming from my room. I had nothing in my room or on me that I thought was illegal so I let the officers in and when asked if they could search my room, I agreed. So, one of the officers spent about 10 minutes searching my room and found an empty bag with "marijuana residue" in it and some rolling papers. (there was marijuana in the bag at one time) He asked me what I had the bag for and I just basically said I keep a lot of things in bags and it could have been anything.
Well, I got ticketed for possession and paraphernalia. I went to student hearing and was found guilty for both PLUS falsifying information because I said there was nothing in the bag, which I thought was true. There was no weed in the bag, only small flecks of stuff. Anyway, the cops brought in the evidence to my hearing and said they did not officially test the bag because they have "expertise" in the marijuana area.
At this point I can try to appeal or just accept the chgarges. Should I appeal on counts that the bag was never tested (even though it will come back positive)? I want to do this just so they spend more money on the case and it will make me feel a little better inside. BUT I need good reasons to appeal. I don't really get a trial becasue it is on campus and I meet with someone one on one with the case, so can I request a fair trial with a jury?
Also, I went on the DEA's website and it said that rolling papers were not considered paraphernalia, but the officers said that since it was found with marijuana, it is paraphernalia. I don't get it. Can I fight and say that it is not paraphernalia?

Please, any help at all will be awesome. Even if you just say "good luck."

I tried to give as much detail as possible...if anymore is needed please ask.

Thanks, Eric
 


xylene

Senior Member
What is the name of your state? North Carolina.

Ok, so I live on a University campus (I hope everyone can still help me) and I have a room to myself. People are always in and out of my room and such. Well, on 9/20/06, two officers knocked on my door and said they had a report of the smell of marijuana coming from my room. I had nothing in my room or on me that I thought was illegal so I let the officers in and when asked if they could search my room, I agreed. So, one of the officers spent about 10 minutes searching my room and found an empty bag with "marijuana residue" in it and some rolling papers. (there was marijuana in the bag at one time) He asked me what I had the bag for and I just basically said I keep a lot of things in bags and it could have been anything.
Well, I got ticketed for possession and paraphernalia. I went to student hearing and was found guilty for both PLUS falsifying information because I said there was nothing in the bag, which I thought was true. There was no weed in the bag, only small flecks of stuff. Anyway, the cops brought in the evidence to my hearing and said they did not officially test the bag because they have "expertise" in the marijuana area.
At this point I can try to appeal or just accept the chgarges. Should I appeal on counts that the bag was never tested (even though it will come back positive)? I want to do this just so they spend more money on the case and it will make me feel a little better inside. BUT I need good reasons to appeal. I don't really get a trial becasue it is on campus and I meet with someone one on one with the case, so can I request a fair trial with a jury?
Also, I went on the DEA's website and it said that rolling papers were not considered paraphernalia, but the officers said that since it was found with marijuana, it is paraphernalia. I don't get it. Can I fight and say that it is not paraphernalia?

Please, any help at all will be awesome. Even if you just say "good luck."

I tried to give as much detail as possible...if anymore is needed please ask.

Thanks, Eric
You need to ask yourself: Do I have risk to lose more IF I appeal?

You need to understand that university rules, system and court are diff than criminal courts...

Rolling papers are not drug paraphenalia. Period.

A a bag with residue in it may not be possession. The bag with residue might be paraphenalia... I think you should fight it hard. It is your only shot.

Being mouthy to a cop is NEVER making false statments.

Cop holding bag - "whats this?"

You "Nothing."

That is not a false statement.

Cop holding bag "What WAS in this"

You "Nothing"

Still true and not a false statement offense

I don't understand why one of the top weed producing states has such yokel cops.
 

crocostimpy

Junior Member
Thanks for the quick reply.

Rolling papers are not drug paraphenalia. Period.
So, lets say the University considers it paraphernalia but the DEA doesn't. Can I fight and say I want to follow the DEA law because they are in higher power? That might have been said wrong, but basically can I use the DEA over the University?

About the baggie being paraphernalia, I also read that on the DEA website, but does anyone know when it is considered paraphernalia and when it can be considered possession if there is residue in it?

One last thing, you mentioned that I should consider if the penalty is worth the fight to appeal. But I was already found guilty so they can press more charges on me for just trying to get out of a stupid "possession and paraphernalia"?

Sorry if I sound stupid, I don't know much about law besides the basics.

Thanks, Eric
 

weenor

Senior Member
xylene- "I don't understand why one of the top weed producing states has such yokel cops."


reply: inbreeding.;)
 

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