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Can the police charge me

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KathieMarks

Junior Member
What is the name of your state (only U.S. law)? CALIFORNIA

AFTER THEY SERVED A SEARCH WARRANT ON MY HOUSE LOOKING FOR GUNS, THEY ARRESTED ME FOR HAVING A SET OF NUMCHUCKS ON MY WALL FOR DISPLAY. THEY SAID THEY WERE ARRESTING ME FOR BEING IN POSSESSION OF A DANGEROUS WEAPON. AFTER I HAD BEEN CUFFED AND WAS IN TRANSPORT TO THE SHERIFF STATION, THEY SUPPOSEDLY FOUND AN EMPTY BAG THAT CONTAINED METH NOT IN MY HOUSE BUT IN MY EX-HUSBANDS CAR THAT WAS PARKED ACROSS THE STREET. NOW THEY ARE TRYING TO CHARGE ME WITH POSSESSION OF A CONTROLED SUBSTANCE AND HAVE DROPPED THE WEAPONS CHARGE. CAN THEY CHARGE ME FOR SOMETHING THAT I WAS NOT PRESENT FOR WHEN THEY FOUND IT AND THE VECHILE WAS NOT REGISTERED TO ME?
 


CdwJava

Senior Member
AFTER THEY SERVED A SEARCH WARRANT ON MY HOUSE LOOKING FOR GUNS, THEY ARRESTED ME FOR HAVING A SET OF NUMCHUCKS ON MY WALL FOR DISPLAY. THEY SAID THEY WERE ARRESTING ME FOR BEING IN POSSESSION OF A DANGEROUS WEAPON.
PC 12020 states that the possession of a "nunchaku" outside of a martial arts or self defense school is illegal. Further, PC 12029 allows for seizure and destruction of these items if found in one's possession outside of a martial arts or self defense school.

So, they found it while searching for guns and they acted upon it. Perfectly lawful.

AFTER I HAD BEEN CUFFED AND WAS IN TRANSPORT TO THE SHERIFF STATION, THEY SUPPOSEDLY FOUND AN EMPTY BAG THAT CONTAINED METH NOT IN MY HOUSE BUT IN MY EX-HUSBANDS CAR THAT WAS PARKED ACROSS THE STREET. NOW THEY ARE TRYING TO CHARGE ME WITH POSSESSION OF A CONTROLED SUBSTANCE
How does an "empty" bag have meth? I can only assume that they found a bag with the residue or a white powdery substance that they assumed to be (or tested positive for) meth. At trial they will have to argue that there was a USABLE amount in the bag, and, that you had knowledge it was in the car and the ability to control it.

CAN THEY CHARGE ME FOR SOMETHING THAT I WAS NOT PRESENT FOR WHEN THEY FOUND IT AND THE VECHILE WAS NOT REGISTERED TO ME?
I suppose you will find ou very soon. It will be tough, but it depends on what they know.

- Carl
 

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