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Underaged Possession

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CBFryman

Junior Member
I live in Florida and go to the University of South Florida.

The other night I was too tired to go out with my friends to the clubs so I decided to stay on campus and smoke hookah with a couple of other friends.

I set up the hookah outside of one of the dorms and began smoking it while I waited for the other people to show up. As is custom with hookah smoking, if someone would like to sit down and have a smoke for a few minutes, they are always welcome. A guy came and sat down with a cup. We briefly and he took a few hits of the hookah and then left with out taking his cup with him. I knew it was alcohol but I didnt think anything of it.

After my friends got there and we had been smoking for a while a policeman was driving around the sidewalks on campus. Me, knowing that there was alcohol in the cup and two of the three had prior alcohol charges and the other is an RA on campus, I poured the contents out and threw the cup away.

The cup was wet with condensation, when I dumped it out if dropped out of my hand. So I had to stand up and pick it up then walk back over and throw it away.

The cop saw this so he stopped, got out, and immediately dug through the trash can and picked out the cup (it was a red solo cup). He smelt it and asked me if I had ID. I told him no official ID, only student. He then asked if anyone at the table was 21. No one was. He took my information and with out further questioning he wrote my a 2nd Degree misdemeanor for under aged possession of alcohol. Before I signed the affidavit I told him it wasn't mine, then he gave me the speech about how I was tampering with evidence and he could have given me a real arrest and could have booked me under a felony. :rolleyes:

My court date is on Dec 1st, I know multiple people who have been caught with alcohol underaged and they got a small amount of community service. Since a lawyer is most definitely going to cost more than what I could make in 16 hrs of working my job by pleading no contest, I need to know if it would be possible for me to present this case well enough for me to get off. Or, should I simply plea no contest and go the way of the victim of bad circumstances?

According to the arresting officer, a first offense will likely get me 16hrs community service, or so, and a plea of no contest will make this 2nd degree misdemeanor "go away" after I do my service.

I need to go down to the station and see if I can get a copy of what the officer wrote because I cant read my copy well at all (carbon copy). From what I can read he tried to make it out like I was hiding something. Using terms like slinging the cup and rushing to throw it away. Again :rolleyes:

The officer also made a bad clerical error on the affidavit. He wrote the location of the offense where most people get written arrests for alcohol possession: Raymon James Stadium. This happened on campus, a good 20-30min drive from the stadium.

[rant]
This is complete bull in my opinion. They know that college students can not afford lawyers and are just going to take the wrist slap, regardless of whether they are truly guilty or not. This is extremely unfair. Much like an unfair parking ticket I got. It was only $15, but it was free to fight and the overall outcome would not have changed if I lost. [/rant]
 
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Well, sounds like you have a few witnesses. You will need them to provide testamony that you were not at the place that the tickets says and that you were ware you where when he issued the ticket.
You will also need to tell the DA or court that you think the officer made a mistake.
My advice would be to be very calm and rational when speaking to them. Don't come off sounding like you are trying to make it look as the officer is lieing. You think he just made a mistake.
Remember, your gaol is to get it dimissed.
Good luck.

P.S. The drinking age was 18 when I was your age....
 
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CBFryman

Junior Member
Thanks.

Hopefully I have a chance to speak with out entering a plea of not guilty so I wont have to take my chances. If I am found guilty they can give me probation and/or fine me. A plea of no contest should just get me community service.

I believe the drinking age should still be 18. I am legally and financially responsible for myself and can die for my country and am a productive member of society... aside from this "possession of alcohol" the only law I've broken in public is speeding.

But all that is for an entirely different discussion. lol
 

cyjeff

Senior Member
Yeah...

Anyway, I agree. He should have given you a ticket for tampering with evidence.

Who knew that hookah smoking had such an involved set of social mores.

Next time, make sure that people that you allow to share your smoking experience take their liquor with them.
 

CBFryman

Junior Member
Yeah...

Anyway, I agree. He should have given you a ticket for tampering with evidence.

Who knew that hookah smoking had such an involved set of social mores.

Next time, make sure that people that you allow to share your smoking experience take their liquor with them.
How was I tampering with evidence? It isnt like he called me over and I poured the cup out and threw it away as I was walking to him or w/e. He was 60 yards away and in his cruiser, partially down hill with trees between him and I when I poured it out and threw it away.

The only way he knew it was me, and not one of the other 4 people at the table was because I was the only one wearing a Columbia soccer hoodie.

Social morals? Is cigarette smoking immoral? Pipe tobacco? Cigars? chewing/dipping?

To some, perhaps, but does that give the police any right to harass, fine, or arrest someone any different than if they weren't participating in that activity? I thought our laws were put in place to enforce fairness, equality, civilian protection, and freedom. Not to enforce the police officer's personal outlook on particular subjects.

A good metaphor someone gave me on another forum is: If I find a junkie's syringe on the street and decide to throw it away, should I be charged with possession of heroin? Tampering with evidence?
 
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cyjeff

Senior Member
How was I tampering with evidence? It isnt like he called me over and I poured the cup out and threw it away as I was walking to him or w/e. He was 60 yards away and in his cruiser, partially down hill with trees between him and I when I poured it out and threw it away.
In your own words, you saw him coming, knew what he was coming for and destroyed the evidence... or, at least tried.

The only way he knew it was me, and not one of the other 4 people at the table was because I was the only one wearing a Columbia soccer hoodie.
The next time you are going to do something stupid, don't wear distinctive clothing.

Social morals? Is cigarette smoking immoral? Pipe tobacco? Cigars? chewing/dipping?

To some, perhaps, but does that give the police any right to harass, fine, or arrest someone any different than if they weren't participating in that activity? I thought our laws were put in place to enforce fairness, equality, civilian protection, and freedom. Not to enforce the police officer's personal outlook on particular subjects.
Social mores... not social morals.

Just because a word isn't in your personal vocabulary doesn't mean it was mistyped.

Further, there is a large percentage of hookah users that don't use it for tobacco. Using it in plain sight GUARANTEED a visit by Johnny Law.

A good metaphor someone gave me on another forum is: If I find a junkie's syringe on the street and decide to throw it away, should I be charged with possession of heroin? Tampering with evidence?
If the reason you destroyed it was to prevent it being found on your person, yes.

You see, if you would have left it there, your story would have more credibility. If you would have thrown it away immediately, your story would have more credibility. By waiting until the officer was approaching, your story lost all credibility.
 

CBFryman

Junior Member
In your own words, you saw him coming, knew what he was coming for and destroyed the evidence... or, at least tried.
That doesn't matter, for all the officer knows I was just pouring it out. In his own words, the only reason he saw me and knew it was me was because of the jacket I was wearing and the fact that the cup was dropped.


The next time you are going to do something stupid, don't wear distinctive clothing.
:rolleyes:

get a life



Social mores... not social morals.

Just because a word isn't in your personal vocabulary doesn't mean it was mistyped.
again, get a life.

Further, there is a large percentage of hookah users that don't use it for tobacco. Using it in plain sight GUARANTEED a visit by Johnny Law.
False.

Hookahs do not burn dry substances well at all. Hookahs use wet, slow burning substances. Shisha is tobacco and fruit soaked in either molasses or honey. The ONLY drug which a hookah can be used for in its traditional manner (using a coal) is the drug known to come out of egypt, the middle east, and india, opium...and since opium smoking isn't exactly a problem here in the states, nor is it among college students, the policeman should use his brain, logic, and judgement.

A hookah is not a bong, the only thing it shares with a bong is the use of water filtration.

PLENTY of marijuana smokers use tobacco pipes to smoke. Should the cops be giving everyone who smokes a pipe hell about it?

Beyond that, I am on a college campus where there are multiple groups smoking hookah at any given time during the night. There are many hookah bars nearly with in walking distance of campus. Should the cops come snooping around their place of business because "it sort-of resembles a bong"?

No, because that place of business can afford an attorney.

It is flat out discrimination and they use stupid little excuses to get around it. Next time I'll keep a solo cup full of water there, let the cop come up, and simply not talk to the police, since that is my right and he had no right to suspect that anything was going on. But no, that would give me even more of a hassle. If only our police forces had the intention of enforcing those things which our constitution stands for, and not their own views on morals or "social mores." But this is enough about the debate of whether smoking hookah warrants search and interrogation. I did not come here to be chastised about my hookah smoking. It is perfectly legal and socially acceptable on and around most college campuses in the US and this was University Police.


If the reason you destroyed it was to prevent it being found on your person, yes.
The cop can't prove that in a court of law. He only assumes it in his beady little discriminating mind. He had no right to bitch me out about it, especially since all I did was say the cup wasn't mine. I was obviously not intoxicated at all, nor was anyone at the table. Of course, he wouldn't have known that because his questioning was limited to name and proof of identity. That, in my opinion, is poor police work.

You see, if you would have left it there, your story would have more credibility. If you would have thrown it away immediately, your story would have more credibility. By waiting until the officer was approaching, your story lost all credibility.
If I had left it there, and he had come to check out the hookah to "make sure we werent using drugs" and found the cup, all of us would likely have gotten into trouble. Since two of the people had priors for alcohol posession and the other is an RA, it was gotten rid of.

Sorry I'm not so uptight that as soon as someone leaves a cup near me I get rid of it.

I feel like you're just on this forum to troll. I'm here for advice and discussion on what I should do, not to be told how wrong I am for smoking hookah. Thus, this is my last rebuttal to that sort of discussion.
 

cyjeff

Senior Member
That doesn't matter, for all the officer knows I was just pouring it out. In his own words, the only reason he saw me and knew it was me was because of the jacket I was wearing and the fact that the cup was dropped.
You aren't listening.

When you were pouring it out, you had possession of it.

:rolleyes:

get a life
Nice adult answer there. Make sure you use it in court.

False.

Hookahs do not burn dry substances well at all. Hookahs use wet, slow burning substances. Shisha is tobacco and fruit soaked in either molasses or honey. The ONLY drug which a hookah can be used for in its traditional manner (using a coal) is the drug known to come out of egypt, the middle east, and india, opium...and since opium smoking isn't exactly a problem here in the states, nor is it among college students, the policeman should use his brain, logic, and judgement.

A hookah is not a bong, the only thing it shares with a bong is the use of water filtration.

PLENTY of marijuana smokers use tobacco pipes to smoke. Should the cops be giving everyone who smokes a pipe hell about it?
Now see, there you go putting words in my mouth.

Did I mention anything about grass? Believe it or not, bright eyes, your generation didn't invent drugs or hookahs.

Beyond that, I am on a college campus where there are multiple groups smoking hookah at any given time during the night. There are many hookah bars nearly with in walking distance of campus. Should the cops come snooping around their place of business because "it sort-of resembles a bong"?
Never said it was a bong. See, there you go. You tell me what I am thinking and then yell at me for thinking it...

However, hookahs have a rather storied history. But, as you noted, all that was needed was for a cop to be walking by (legal) and see someone jump up, dump something out, drop the cup and then throw it away to be suspicious (legal).

It is flat out discrimination and they use stupid little excuses to get around it. Next time I'll keep a solo cup full of water there, let the cop come up, and simply not talk to the police, since that is my right and he had no right to suspect that anything was going on. But no, that would give me even more of a hassle.
Wrong. A police officer has the right to question or detain you if he/she believes a crime is being committed.

If only our police forces had the intention of enforcing those things which our constitution stands for, and not their own views on morals or "social mores."
Crap.

Did you even look up the term or are you so enamored by your own blinding intelligence that you don't think you need to?

Social mores refers to the traditions and customs around an act, date or gathering. I was refering to your "As is custom with hookah smoking, if someone would like to sit down and have a smoke for a few minutes, they are always welcome." comment.

If you let complete strangers not only orally use a common device but then leave items behind, you really aren't thinking this through.

But this is enough about the debate of whether smoking hookah warrants search and interrogation. I did not come here to be chastised about my hookah smoking. It is perfectly legal and socially acceptable on and around most college campuses in the US and this was University Police.
Again, never said anything about it.

A gathering of college students will ALWAYS get the police's attention. The investigation here is also legal.

Obviously, though, you are a little sensitive about your hookah. I am guessing you are still angry because mommy and daddy don't understand how cool it is and have given you grief over it.

Seek counseling. We are here to discuss the law. Which you know nothing about.

The cop can't prove that in a court of law. He only assumes it in his beady little discriminating mind.
Kid. Get over the hookah. Really.

He had no right to bitch me out about it, especially since all I did was say the cup wasn't mine. I was obviously not intoxicated at all, nor was anyone at the table. Of course, he wouldn't have known that because his questioning was limited to name and proof of identity. That, in my opinion, is poor police work.
Luckily, your opinion doesn't mean a great deal.

You were in possession of a cup of an alcoholic beverage left by a mysterious stranger that dropped it off after sharing a very laid back communal smoke.

Soooo... you are blaming this on the beer fairy. Good luck with that.

If I had left it there, and he had come to check out the hookah to "make sure we werent using drugs" and found the cup, all of us would likely have gotten into trouble. Since two of the people had priors for alcohol posession and the other is an RA, it was gotten rid of.
RIGHT IN FRONT OF THE COP. Very smooth.

Sorry I'm not so uptight that as soon as someone leaves a cup near me I get rid of it.
Betcha will be from now on. Possession is 9/10ths of the law, right?

I feel like you're just on this forum to troll. I'm here for advice and discussion on what I should do, not to be told how wrong I am for smoking hookah. Thus, this is my last rebuttal to that sort of discussion.
Another frigging hookah comment.

Geez kid... get over yourself. You seem very defensive of the whole hookah thing. It really isn't as cool as you think it is.

I got you your legal advice long ago. Seek an attorney, but don't count on much. Bring the witnesses to court with you. Be prepared to blame the beer fairy. Good luck.
 

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