• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Friends Crack pipe in cigarette pack

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

C

Citrus61

Guest
What is the name of your state?What is the name of your state?What is the name of your state? Texas

I was giving a friend a ride to the store. I police officer pulled me over for not signaling 100 feet before making a left turn. I had stopped at a stop sign, signaled and turned left. After I pulled over the officer collected the normal paperwork and then had me step out of the car. A little while later they asked my female passenger to step out of the car. Then they went into the car and searched. The next thing I know they had a pack of menthol cigarettes and were pulling out the cigarettes and a crack pipe. Evidentally she put the pack on floor before she got out. I don't use drugs and this upset me considerably, since I had nothing to hide. The police office asked her about the cigarettes and pipe. She admitted that they were hers. The police office cited me for possession of paraphenalia.

I don't know if he kept the pipe as evidence. I'm wondering if he will have to produce it at trial.

It looks bad that it was in my car, but she admitted that it was hers. At trial what if he says he could not tell who it belonged to so he cited us both?

Am I guilty of possession of drug paraphenalia?


I know it was my car, but
 


H

HomeGuru

Senior Member
Citrus61 said:
What is the name of your state?What is the name of your state?What is the name of your state? Texas

I was giving a friend a ride to the store. I police officer pulled me over for not signaling 100 feet before making a left turn. I had stopped at a stop sign, signaled and turned left. After I pulled over the officer collected the normal paperwork and then had me step out of the car. A little while later they asked my female passenger to step out of the car. Then they went into the car and searched. The next thing I know they had a pack of menthol cigarettes and were pulling out the cigarettes and a crack pipe. Evidentally she put the pack on floor before she got out. I don't use drugs and this upset me considerably, since I had nothing to hide. The police office asked her about the cigarettes and pipe. She admitted that they were hers. The police office cited me for possession of paraphenalia.

I don't know if he kept the pipe as evidence. I'm wondering if he will have to produce it at trial.

It looks bad that it was in my car, but she admitted that it was hers. At trial what if he says he could not tell who it belonged to so he cited us both?

Am I guilty of possession of drug paraphenalia?

**A: yes.
*******


I know it was my car, but
Click to expand...
**A: some friend you have.
 
E

esq2B

Junior Member
More facts needed.... but your best bet is to challenge the legality of the search. Just beacuse you violated a traffic law doesn't give law enforcement the right to search the vechicle.
 
N

notfornevermind

Junior Member
if she goes to court and admits that it is hers than u have nothing to worry about. But with what u stated they had no reason to search the car nor take you out of the car. Im sure there is more too it, but id read the police report and see what it says, cause chances are this could get thrown out.
 
D

D.B. Cooper

Guest
Did the cop say something like "mind if I look inside the car"?
 
CdwJava

CdwJava

Senior Member
There could be a number of reasons why a search was conducted ... the driver may have acquiesced when asked, the passenger might have been on probation. the officer may have seen the contrband or the passenger admitted to it, etc.

Not knowing all the details it is hard to say what the justification might have been. But, in TX a traffic violation is subject to custodial arrest, so this might justify the search in some way.

Your attorney would be able to tell you whether there's a chance to suppress the evidence. Lacking that, maybe you can convince your freind to come to court to 'jump on the grenade' and confess to possessing the pipe.

- Carl
 
You must log in or register to reply here.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top