bakersdozen
Junior Member
What is the name of your state (only U.S. law)? New Jersey
So, I need an assessment of this situation. I am 15 years old, and in two weeks I will be tried for juvenile marijuana possession under 50 grams, and possession of two glass pipes (one containing marijuana resin). However, this situation needs explanation, please here me out.
Friends A and B came down the shore with me for a week. Friend A brought a small gram of marijuana with him. We all went to AC, and I brought a carry bag for my sunglasses and phone. My friends had no pockets in their swimsuits. Friend A purchased a bubbler and salvia from a general store, while friend B purchased another bubbler. I adamantly stated that I was not interested in purchasing salvia or any paraphernalia, and my friends will reiterate this in court. However, without pockets, friends A and B placed their gram bag, salvia, and two pipes in my bag.
They smoked a small amount of marijuana in one of the bubblers, while I did not. They will confirm this. After this, they packed the marijuana-resin filled bubbler with salvia and continued to smoke that. I did not partake. They went to sit down on a cameroon boat out by the dunes (this took place in Ventnor). I followed. I was slightly distanced from the two smoking, but I sat down with them on the cameroon and placed my bag on the ground about 5 feet to my left. As friend B was smoking the salvia, a police officer approached us and confiscated friend B's resin-stained, salvia filled pipe. The officer told us that that the pipe reeked of marijuana (which is questionable, because the pipe had been cleaned out and water and it was not considerably resined up, and freshly smoked salvia was in the pipe). Friend A told the officer it was legal substances and produced the salvia to show him. The officer pretended to not know what salvia was and was convinced it was marijuana. Three other officers came and we were frisked, without consent (although I'm not quite sure that this requires consent). I had nothing in my possession, but the officer began to search my bag (containing the illegal material) and I told the officer "excuse me sir, I do not consent to any searches). I did this out of my own fear of the impending situation. The officer laughed and gave me some response about my "law school bull****" and found the marijuana and other pipe (friend A's pipe was already taken).
So I have court in two weeks, and I'm just wondering about my case. Is there any chance the evidence can ben thrown out? Because salvia is legal and I guess the officer considered the pipe or salvia "probable cause" to search us. However, I'm most worried about the marijuana and pipe in MY bag, since I was out of the situation the ENTIRE time and my friends will attest to it that I was not the one purchasing the marijuana, smoking the marijuana, and purchasing or smoking the salvia. Friend A (who had purchased the marijuana, a pipe, and chipped in for the salvia) did not have anything on him and was not holding the pipe when the officer came, nor was the bag his. Friend B chipped in for the salvia and was holding the resin-filled pipe when the police came. I'm just wondering, what options do I have with this situation? Or what advice can you give me? Thanks.
So, I need an assessment of this situation. I am 15 years old, and in two weeks I will be tried for juvenile marijuana possession under 50 grams, and possession of two glass pipes (one containing marijuana resin). However, this situation needs explanation, please here me out.
Friends A and B came down the shore with me for a week. Friend A brought a small gram of marijuana with him. We all went to AC, and I brought a carry bag for my sunglasses and phone. My friends had no pockets in their swimsuits. Friend A purchased a bubbler and salvia from a general store, while friend B purchased another bubbler. I adamantly stated that I was not interested in purchasing salvia or any paraphernalia, and my friends will reiterate this in court. However, without pockets, friends A and B placed their gram bag, salvia, and two pipes in my bag.
They smoked a small amount of marijuana in one of the bubblers, while I did not. They will confirm this. After this, they packed the marijuana-resin filled bubbler with salvia and continued to smoke that. I did not partake. They went to sit down on a cameroon boat out by the dunes (this took place in Ventnor). I followed. I was slightly distanced from the two smoking, but I sat down with them on the cameroon and placed my bag on the ground about 5 feet to my left. As friend B was smoking the salvia, a police officer approached us and confiscated friend B's resin-stained, salvia filled pipe. The officer told us that that the pipe reeked of marijuana (which is questionable, because the pipe had been cleaned out and water and it was not considerably resined up, and freshly smoked salvia was in the pipe). Friend A told the officer it was legal substances and produced the salvia to show him. The officer pretended to not know what salvia was and was convinced it was marijuana. Three other officers came and we were frisked, without consent (although I'm not quite sure that this requires consent). I had nothing in my possession, but the officer began to search my bag (containing the illegal material) and I told the officer "excuse me sir, I do not consent to any searches). I did this out of my own fear of the impending situation. The officer laughed and gave me some response about my "law school bull****" and found the marijuana and other pipe (friend A's pipe was already taken).
So I have court in two weeks, and I'm just wondering about my case. Is there any chance the evidence can ben thrown out? Because salvia is legal and I guess the officer considered the pipe or salvia "probable cause" to search us. However, I'm most worried about the marijuana and pipe in MY bag, since I was out of the situation the ENTIRE time and my friends will attest to it that I was not the one purchasing the marijuana, smoking the marijuana, and purchasing or smoking the salvia. Friend A (who had purchased the marijuana, a pipe, and chipped in for the salvia) did not have anything on him and was not holding the pipe when the officer came, nor was the bag his. Friend B chipped in for the salvia and was holding the resin-filled pipe when the police came. I'm just wondering, what options do I have with this situation? Or what advice can you give me? Thanks.
