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Trafficing of Pot

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buzz420

Junior Member
What is the name of your state? il
Last week my son did a dumbass thing. He posted an ad on craigslist to help others with 420. He got a email a day later asking if he could help out. He then replyed he could help if your not law enforcement in anyway. They responded stating NO. He then exchanged numbers and made a plan to meet up. When he went to meet this person at a parking .. he called the girl and she said she be right there. With in 1 minute 4 cops came up and pulled him out of the car and arrest him. He did not meet anyone or show he had drugs on him. He had a 28 grams under the seat. They took him to the local police dept. and would not let him make any calls for 4 hours. They were getting a search warrant for his house. Is this legal? I understand he was not smart for stating he could help with 420... but is it legal to arrest him without doing a deal? What other proof besides him stating he could help with 420? The words drugs (cann,pot,green) was never used. Did they have legal rights to pull him out of the car and arrest him first with out searching the car. Can they search the car? We are getting a lawyer this week just wanted some heads up first and maybe some queston to ask when we see the lawyer. Any help would be great. thanksWhat is the name of your state?
 


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outonbail

Senior Member
Are you saying that he posted a message of some kind, on the internet, where in he was offering to sell marijuana to whoever was looking to purchase some? His only method of screening potential customers and weed out any possible narcotic detectives who might try to pose as a customer, was to ask them if they are the police?

If so, I have to believe he's taken "doing a dumbass thing" to a whole new level.

Did he give them permission to search the vehicle?

I'm a little confused on exactly who he was offering his product to and who he was supposed to meet. You state that "they" responded saying no. (that they weren't the police)
Then when he arrives at the predetermined location to make this sale, you say he called this girl. What girl?

If I'm reading this right, he thought he was dealing with a girl, when in fact he was dealing with someone who was only posing as a girl, in order to draw him into the open, waiting arms of the law.

If so, I'll bet this girl was also claiming to be 14 or 15 years old. Do you see what I'm getting at here? How old is your son? Have you been informed of exactly what it is he's been charged with?

If he was expecting to meet a 14 year old girl so he could sell her marijuana and this whole deal was arranged on line, in writing, then his chances of seeing the evidence being ruled inadmissible, are probably slim to none.

If the police were provided with a print out of his posts, which included his offer to sell or give illegal drugs to a minor (and no telling what else he may have posted SEX? SEX? SEX?) along with his actions of actually following through with the arrangement to meet a minor and then calling the girl when he arrived, these circumstances may have been enough evidence to arrest him on the spot. Once he was arrested, they had the right to have his vehicle towed away, which means they had a responsibility to inventory the vehicle and list any personal property that may have been in the vehicle at the time of impound.

So, what exactly has he been charged with? Did he discuss sex with this girl?
 
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buzz420

Junior Member
Are you saying that he posted a message of some kind, on the internet, where in he was offering to sell marijuana to whoever was looking to purchase some, yes. Then when he arrives at the predetermined location to make this sale, you say he called this girl. What girl? The girl that emailed and gave him her phone number because she was looking for Maryjane.If I'm reading this right, he thought he was dealing with a girl, when in fact he was dealing with someone who was only posing as a girl, in order to draw him into the open, waiting arms of the law. Yes. This had nothing to deal with sex with a 14 or 15 year old. I just want to know if they could search the car if they had no real proof that he had anything on him. He did not get a chance to make a deal. When he parked at the predetermened location, he then called the person that wanted the pot to let them know he was there. Once he got off the phone the police blocked the car in and pulled him out of the car and arrested him. No deal ever when down. He did bring the amount that she wanted but never made the sale. Make more sense? My son is 18.
 
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CdwJava

CdwJava

Senior Member
With a nickname such as "buzz420" can we assume that you, too, are into the "maryjane"?

To answer your question, your son offered to help people purchase marijuana (call it what you want, but even the cops know what "420" and "maryjane" are). He then took the further step of arranging to meet with the girl allegedly to sell the drugs to her.

We call this an act in the furtherance of the crime.

There are two theories that could have been in play here: He was arrested and his car searched pursuant to arrest and/or impound. Or, if he was not arrested at the time of the search, the police searched the car because they had probable cause to believe that the drugs were on board based upon the conversations and the arrangement to sell the drugs.

Tell your son to get into another line of business that does not hold so many risks.

And I certainly hope that you in no way condone this sort of activity by your son! At 18 years old he may very likely be facing a first felony conviction! If this had been one of my sons, he'd be drop kicked into next week and he'd be on his own for an attorney.

- Carl
 
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moburkes

Senior Member
And, to think, that I didn't have a frikkin' clue what "420" meant, until I read this thread. It took the "doin the dumbass thing" to another level post for me to understand.

Am I missing anything by not knowing?:rolleyes:
 
CdwJava

CdwJava

Senior Member
moburkes said:
And, to think, that I didn't have a frikkin' clue what "420" meant, until I read this thread. It took the "doin the dumbass thing" to another level post for me to understand.

Am I missing anything by not knowing?:rolleyes:
Click to expand...
It's ironic .. .it is also Hitler's birthday.

- Carl
 
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