car searched without permission, found marijuana

Hello all, I live in Orange County CA. I am over 21 and I was charged with 11357b.

Sorry if this story is a little long and rambling. I'm not really sure what details are important, so I'm putting up anything that seems it could be. I really appreciate any help that is offered. I've never had any history with the police.

A friend and I were parked in front of his house in his gated community. We were talking from about 11pm to midnight, and right when he was about to get out and go into his house a cop car pulled up. To make a long story short he told them this was his house, told them to check his ID, to verify that this was his home, but they refused. They then threatened multiple times to arrest him, and when he asked "for what?" they reiterated their threats even more strongly. They even turned him around and pulled his arms around to cuff him, but instead just had him stand there for a while.

The female officer then had me get out of the car and had me sit down on the curb as well. She opened my car door and started taking a look around. She asked to see my ID. I told her I didn't have it on me, that it was in my backpack. She then leaned back into my car and while getting the backpack out of the backseat (didn't say she could) she asked if there was anything in this dried up fruit container in my cupholder. I said not to my knowledge, and she asked what that meant. I said it again, so she pulled it out and there was about half a gram in there.

I feel there are probably three main points to this story.
1) They claimed a neighbor called them there, and after my friend explained that this was his home and told them to check his ID, they refused and threatened to arrest him.
2) I did not give the female officer permission to open my car door and look inside. I did not give her permission to dig through my backseat for the backpack and ID.
3) I did not admit knowledge that there was marijuana in the container. I believe that means I had possession, but not knowledge that it was with me.

So, what should be done about this?

Thanks a lot for all your help.

Are you under 21 or over 21?

I presume you were written a ticket for 11357(b)?

Ah yes, sorry for not putting those little details. I am over 21 and it was 11357b.

Chances are the officer smells the marijuana when she leaned into the car to retrieve tour license. Whether the detentions as valid will depend on information we do not know. In other words, why the officers made contact. Plus, if only a detention and not an arrest or citation then the officer likely had no lawful reason to enter the car even to retrieve your license absent your consent.

Consult legal counsel.

OK look, the maximum is a fine that comes to about $400 when said and done.. no matter what. So you can get a lawyer, or ask for a PD, do motions to suppress and fight this all the way to jury where they are going to have to find 12 people who would convict you for marijuana. And that is no small feat. Unlike other crimes, regardless of the result.. its still only a little ole fine.. so they cant hold over your head "if you go to jury we are going to request maximum jail." Its still a fine.

SO.. that means if you fight hard enough the DA often just dismisses it because its not worth it to them. I have not seen a 11357b case go to jury in a long time. Our county makes them go away if the defendants dont just plea out... but they dont advertise that.

Many DAs are also dismissing possession cases if people appear with a post arrest "prop 215 card" (despite the legal precedent that you must have obtained it before). Again, its not worth it to them to contest these. They want their $400 bucks nice and easy or they want you to go away.

But if not, the MAXIMUM you can get is a fine and this charge is completely deleted automatically from your record in 2 years and you never have to disclose it, ever.

So either plea and pay your fine or fight it out.. depends on the amount of time, money, and energy you want to put into it. its not going to summarily go away no matter what happened that night. It will need to be addressed formally in court.

StevenJ_420Law said:

Many DAs are also dismissing possession cases if people appear with a post arrest "prop 215 card" (despite the legal precedent that you must have obtained it before). Again, its not worth it to them to contest these. They want their $400 bucks nice and easy or they want you to go away.

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So, now your agenda is to get people to use the card as an excuse for breaking the law...but only AFTER they break the law?

Guess it's not really for medicinal use after all, is it?

The search seems funny, but we'd need the officer's reason to know. To object to the search would probably take an attorney. Are you in school? Are you receiving any government funds in scholarships, housing or anything else?

If not, you have a decision to make. From a monetary point of view, it may be worth it to just go with the program. The problem is there are other things which come into play. Attitudes, records and the like.

But, no matter what, it would probably be worth your while to talk with an attorney. At the least, he can tell you what to expect in your area and give you your options.

Zigner said:

So, now your agenda is to get people to use the card as an excuse for breaking the law...but only AFTER they break the law?

Guess it's not really for medicinal use after all, is it?

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I dont know if he is self medicating or should be or not, I'm not his doctor. Im telling him what I see first hand at arraignments.. and even before arraignment when they get dumped without any charges ever filed based on a fax and phone call... in regards to after acquired "prop 215 cards".

StevenJ_420Law said:

I dont know if he is self medicating or should be or not, I'm not his doctor. Im telling him what I see first hand at arraignments.. and even before arraignment when they get dumped without any charges ever filed based on a fax and phone call... in regards to after acquired "prop 215 cards".

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You're not a doctor - you're a guy with an agenda. So, you advise this OP that he might be able to get away with it by picking up a MM card from the corner quack...great.

First, there arent many "corner quacks". There are licensed medical doctors who are medical marijuana specialists who are really good at determining if someone with a serious condition could benefit or improve quality of life with cannabis. These are not quacks. They are very good and caring physcians who bravely perform a public service in addition to their medical contributions. This guy might be perfectly healthy or might have a serious condition, thats between him and his doc.

How dare you imply I suggested such a thing!

Besides, the reason for the recommendation is not for the courts, so that is a medical issue, not a legal issue.

Thanks a lot for the quick replies. I am a student, two more years to go, and am actually considering law school so I may just take this one to court for the experience. A couple questions.

Firstly, I'm supposed to show up to the courthouse whenever I want before a certain date, to do what exactly? I want to be prepared, so will I just be pleading guilty/not guilty, or will I need to be prepared to make my case right there?

And secondly, can I represent myself in this case? Do I need legal counsel? This misdemeanor doesn't sound too serious, and I think if I can't make my case strongly enough and things don't work out I will just ask for an informal diversion.

stevenj_420law writes that it is a maximum $400 fine. Isn't the maximum $100?

Muchas gracias to all. You guys really make this website.

Besides, there is nothing "to get away with" here. It has less effect on your record than a speeding ticket as long as you are 21+. Most just pay their fine and move on.

All this junk I just told him are the exact reason why many cops and DAs dont like messing with possession cases.

Even though they "arrest" 70+K per year.. they probably encounter 5x that or more.

Nothing I said is unknown stuff IMO... its just defendants dont get told it.

herroppp said:

Thanks a lot for the quick replies. I am a student, two more years to go, and am actually considering law school so I may just take this one to court for the experience. A couple questions.

Firstly, I'm supposed to show up to the courthouse whenever I want before a certain date, to do what exactly? I want to be prepared, so will I just be pleading guilty/not guilty, or will I need to be prepared to make my case right there?

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For your court date, if you arent pleading guilty, all you need to be prepared to do is plead not guilty and perhaps ask for an attorney. The judge dont care and wont hear what you have to say unless you plead guilty/nolo.

And secondly, can I represent myself in this case?

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yes

Do I need legal counsel?

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Depends... what do you want to do? You are not going to be able to suppress this evidence without legal advice and then even with, it probably wouldnt work if the state fights it out with you. THe cop surely "smelled" marijuana. They usually write that.

This misdemeanor doesn't sound too serious, and I think if I can't make my case strongly enough and things don't work out I will just ask for an informal diversion.

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Assuming clean record, You are eligible for diversion google DEJ PC 1000. The cost for that for the classes, drug testing, probation, fee, etc and such is the same as pleading for many. Also, it will be deleted from your record in the same 2 years as if you had just plead guilty. Dismissed in a year but deleted in 2, convicted or not. But you are eligible. Typically, those under 21 facing license suspension go this route... but also those stduents that could have their loans affected (if its found out) go this way too.

stevenj_420law writes that it is a maximum $400 fine. Isn't the maximum $100?

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Any time you see "maximum fine is " in CA, times that number by 4-5 and thats what you pay when they get all the fees and extra stuff tacked on.

Before you take this on yourself see a possible effect at:

http://www.law.stetson.edu/WorkArea/DownloadAsset.aspx?id=7347