caught with the dope

What is the name of your state?What is the name of your state? IN
a buddy came to my house during school to borrow money for lunch... when he got to my house he decided to call himself off of school for the remainder of the day... the school called his dad who called him and told him to return to school which he did. about 15 minutes after he left the city police were knocking on my door. i live in an apartment so i know that in order to get in you have to be buzzed in. the cops had asked a neighbor of mine to let them in, which she did just as any other law-abiding citizen would. they covered my eyehole and would not answer to me asking who was there. i thought it was my buddy coming back over. i opened the door and saw 2 police officers standing there... before i could even realize this was real (took about 2 seconds) they had entered my house. i never said they could enter and they never asked they just did. the first officer in started looking at things on the table (notebooks, pads of paper, sifting through the mail...) the second officer asked if i was home alone which i was and told me that there were reports of a marijuania party at my place. they asked if i had been smoking and i said no, (which you could also tell there wasnt b/c it didnt smell) which was the truth, there was no smoking of any kind going on at that time or before that time. they asked for id and i asked for a search warrant. they told me one wasnt needed and not to worry about it. i then asked if i could contact my lawyer... they said just hold on and wait till we are through. the second cop picked up my phone and went in the hallway of my building and made at least 3 phone calls... i know this because my phone logs the last 3 calls made.. none of which i made. and i did a reverse lookup and found that 2 of the numbers went to the high school... of which i am not associated with anymore. and the 3rd was a cell phone or pager number. the first cop asked me again for id which this time i was a little uneasy and attempted to locate it... on my way into my room ( the first officer followed, the second was in the hall making phone calls) the first officer noticed a pack of zig zag rolling papers. he asked me if i rolled my own cigarettes and i said i do occasionally roll flavored tobacco.. i dont think he bought it. i did find my wallet on the floor.. right next to my pipe and i handed my id to the officer and covered the pipe with my foot. we exited my room and he got the second officer to run a check on me. the first officer then reentered my room and started searching (searching, looking, checking, whatever he was in my room without my consent and nothing illegal was found or in plain view that he had seen yet) he looked under my bed, found nothing, looked inside some shoes, found nothing, then called in his buddy and together they searched my room... i asked numerous times what was going on and they would not tell me , only that they knew there was marijuana (they kept saying give us your bag. we know you have it- also referring to it as a bag of shake, just a lil on the side they said) upon the search of my dresser they found a glass pipe. and 200 bucks... onto the closet... they found four individually wrapped brick ounces at which time the officer asked if they were quarters and i said yes, knowing they were ounces and the exact weight totalled just over 120 grams... that is felony possession i am aware.. they also found the glass pipe i was standing on and a mini water bubbler next to a broken digital scale... they confiscated all of the above mentioned items. they went on to accuse me of dealing... which by all means was not my intention ( i understand how it looks and also understand that is my possessions) but my intentions were for personal use and i had quantity b/c it was cheaper then buying the stuff in my town... the officers then sat me down at the table with all of the contraband and told me they werent going to arrest me, but instead were going to give me a number of an agent that works for our county's drug task force... they told me to call him at 4 pm the next day and that if i called at 405 the deal was off... i know that cops cant make deals, its the prosecutor, so i dont understand why they didnt arrest me and why they didnt search anything else... they did a half ass search and only searched my room... no warrant... no charges....just a pager number ... as soon as they left i contacted my lawyer and told her what happened i also gave her the agent's number.... 3 days have gone since then. i spoke to my lawyer today and she said they want me to talk to her and then her talk to them and they would work out an agreement and i might have to work undercover and narc on the city/county... but they dont want the guy i get my dope from b/c he lives in another county.... i dont know any connections in my city/county.... so i cant really help them... i also live in the 1000 foot limit of the high school.
thats my story... i know im guilty, im a stoner, i smoke weed and its illegal...

what i want to know is was the search and seizure legal? how much time would i spend if i was charged with a class b and class d felony? do i have to narc, or would it be in my best interest? can i keep my name out of the papers? im going to plead quilty, but i want to know what i am really looking at...
family friend got busted with intent to conspire moving 2,000 pounds (yes a ton of weed) of grass and got 14 months in prison and 2 months in a halfway house....
will they waste their time and money on sending a first time offender who is 19 y/o to jail and/or prison for possession and intent ?? or will they try to work it down to a misdemeanor and give me community service and weekends in jail.

My response:

Do you really think we want to read all that lengthy crap - - especially for some druggie? Go to prison, will you?

I think your post should have been called "Caught with a Dope". Yourself.

IAAL

Hahaha. New thread title "Dope caught with dope"

Well, either the officers had a lot more to go on then what you say, or they made some seriously bad searches. However, there is no way to know without hearing their side of the tale. And since you were not arrested, they may have used the whole thing to blow smoke up your pipe to get your aid in something. They may also have some information that you are friends with this one-ton dealer, and they may believe you are not just a simple pothead taking a toke on the weekend.

And if your friend is under 18, you could also be facing criminal charges for contributing to the delinquency of a minor, sales or distribution to a minor (and maybe within a safety zone due to the school), or a host of other problems.

And the fact that you have a lawyer already tells me that you are either VERY well off, or, you are in trouble enough to need one. Ergo, the cops probably already have an idea what you are up to because they have had to deal with you before.

You really should ask your lawyer what can be done - he/she can tell you better than we can.

In the meantime, save some brain cells and stop smoking that crud before its too late!

Carl

Code Red wrote: what i want to know is was the search and seizure legal? how much time would i spend if i was charged with a class b and class d felony? do i have to narc, or would it be in my best interest? can i keep my name out of the papers? im going to plead quilty, but i want to know what i am really looking at...
family friend got busted with intent to conspire moving 2,000 pounds (yes a ton of weed) of grass and got 14 months in prison and 2 months in a halfway house....
will they waste their time and money on sending a first time offender who is 19 y/o to jail and/or prison for possession and intent ?? or will they try to work it down to a misdemeanor and give me community service and weekends in jail.

Click to expand...

**If the police had probable cause, then yes they can search.
**Time would be determined by the deal made, the DA, your attorney, and you.
**No you don't have to narc. This is a free country. Just remember the ALL your actions have consequences. You make the choice.
**No, YOU can't keep your name out of the papers.
**Again, Time would be determined by the deal made, the DA, your attorney, and you.

You admit to being a stoner. Go to jail, fix your problem and you won't be seeing the police anymore. What happened to you was your own doing. Period. IF you didn't smoke dope, you wouldn't be in the situation. Don't try and find ways out, just deal with the fact that you are a Head and find a way to fix it. Rehab for instance. Jail can be a good rehab center. Just a thought.

I want to market a hangman's noose called "rope a dope"
Should I sell it on ebay?

You know, I was just coming back on here to make close to the same joke.

If this were the middle ages, it would be "Dope on a Rope".

Then I beat you by a NY minute.

No doubt, you got me. Applause.

May I just beat you now?

That could be construed as sexual or malicious. Neither of which I am interested in.

If you are referring to winning, I concede.

Why do you refer to everyone that smokes pot as a druggie? cigarettes are a drug... i dont smoke them... alcohol is a drug... i dont drink... i couldnt even try and bs my way to try and explain anything about any type of other drug... cuz i simply dont know and have never tried... i have 5 stomach disorders and cannabis is proven to calm the acids in your stomach and keep you from vomiting. im not a druggie at alll... i smoke pot like 90% of america does. its something people do, something they arent supposed to do.. that is the way this country works... PEOPLE IN AMERICA DO WHAT THEY WANT BECAUSE WE ARE TOLD WE ARE FREE. we arent... i know i messed up, havent smoked since. im done, i was just simply asking for advice, not for some egotistical, computer fanatic who thinks their **** dont stink cuz theyve never done anything wrong in their life. which i bet all of you have... ive done much more good then bad. i know that, but smoking was my thing bc it helped me from vomiting all the time... do you know what its like to not be able to eat solid foods for weeks on end, cuz the acid in your stomach is making its way into your throat? and on its way up it eats away at your esophagus and throat and inner linings... it hurts, medicines dont help. so i tried something else.. it helped. im not a druggie... im was a stoner... get baked and chill watch some cartoons or listen to some music.. not get into a fight like stupid ****ing drunks... and never ever did i go out of my way to get high... that to me is a druggie

Why is it that when people are caught doing illegal acts, they pull out the "WE ARE FREE" card.

Yes, we are free. Free to be stupid, free to break the law and accept the responsibility of our actions and free to type drivel.

or not.

krispenstpeter said:

Why is it that when people are caught doing illegal acts, they pull out the "WE ARE FREE" card.

Click to expand...

My response:

Because it sounds more "flag wavy" than saying - -

"I'm a Negro and Whitey is always gettin' us. It's not fair."

IAAL

The search was completely illegal. Police need a warrant or your consent to enter your home and then to search it. VR, read the Fourth Amendment and learn some law before you give legal advice. ("The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.") If the police have probable cause, they have to go tell a magistrate and get a warrant. The problem is, the police will often lie and say they got your consent when they really didn't. That is why you need to see a copy of the police report and see what they say happened. Maybe your attorney knows something that you have not included, because it is the attorney's job to defend you, not to assist the police. You should consult another attorney, and not narc or plead guilty until the legality of the search is evaluated and/or litigated.