• 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.

Advice on Traffic Stop

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

XpL0d3r

Junior Member
Name of state: Massachusetts

Okay, so my friend and his girlfriend were stopped the other day by an officer because of illegal window tint. They had smoked earlier, so when the cop came to the window, he smelt it and asked about it.

My friend gave him the bud that he had - about half an ounce, that was weighted out in a few different bags. He honestly doesn't sell really, just small amounts to his friends a couple times.

Anyways, cop took that bud, and then asked him to step out. He put my friend in the back of the cruiser, and searched his truck. He took a bottle of alcohol (opened but in the way back (this was from the weekend, wasnt' drinking), a scale, and a bowl.

Cop then told him if he agreed to be a CI, he would be clear. He agreed. The officer, who had "Willie" on his shirt, gave my friend his number and said to call him "Hank". He then let him go, no tickets, no citations, no written warnings, nothing.

Later that day after that stop "Hank" calls him, asks about when he's free, what he does for work, who he "re-ups" from etc. This cop thinks my friend is a bigger dealer than he really is. (I guess he is technically since he sold bud to his friend before, but nothing more than that). My friend explains he doesn't really "re-up", he just kind of gets from whoever is available. He told him he also works two PT jobs, and goes to school full time in a town about 45 minutes from us.

Well the cop wanted the name of "someone" he buys from, so my friend gave him what he could (just a first name in his phone book, and his phone #).

Cop TEXTS my friend the next day (this is yesterday), and in a message says "My boss is gonna call tomorrow he wants to meet u".. and that was it.

Well today rolls by, no call. The thing is.. can this cop do all this, fake "name" possibly, informal texting him, etc. My officer said he has to co-operate with him because it's mandatory 2 years for in a school zone and more than one bag+scale can be intent to distribute" So my friend is co-operating with the guy 100% right now... But it almost seems weird the cop isn't calling him, and texting him with a fake name, etc.

If he doesn't co-operate can they charge him? He has nothing on him anymore, and never got a citation, warning, or anything.

It's also decriminalized here for possession < 1 ounce..

Thanks. Also sorry for this being my first post. My friend is actually working right now so I said I'd hop on a police or law forum and ask.

Thanks again
 


FlyingRon

Senior Member
Weighed out into different bags, doesn't really sell, gives away to others: all good enough to convict for distribution in most states including Massachusetts.

I doubt they've decriminalized drug dealing. It's 2 years and $5000 according to the NORML page for Mass.
Your friend needs to get off drugs long enough to have a frank convesation with a lawyer.
 
Last edited:

XpL0d3r

Junior Member
Weighed out into different bags, doesn't really sell, gives away to others: all good enough to convict for distribution in most states.

I doubt they've decriminalized drug dealing.
Your friend needs to get off drugs long enough to have a frank convesration with a lawyer.
Sorry edited back with MA as the state.

No he doesn't give to others, he sells it.. but to his friends not just random's, etc. As in people he hangs out with all the time grew up together friends.

And no drug dealings is not decriminalized obviously, just stating possession is. He has called lawyers about it, none really give him any straight answers without wanting to see him in person, etc. Basically he wants opinions from people who know the laws about it.

Back to the question, can the cop do this stuff with fake name, texting him, etc. He never signed anything saying he would be a CI, though he did agree to it in person.
 

CdwJava

Senior Member
My friend gave him the bud that he had - about half an ounce, that was weighted out in a few different bags. He honestly doesn't sell really, just small amounts to his friends a couple times.
Giving it away or selling it are generally the same criminal offense. The method of packaging for distribution is going to be quite damning.

Cop then told him if he agreed to be a CI, he would be clear. He agreed. The officer, who had "Willie" on his shirt, gave my friend his number and said to call him "Hank". He then let him go, no tickets, no citations, no written warnings, nothing.
Okay. Kinda lucky deal for your friend so far.

Cop TEXTS my friend the next day (this is yesterday), and in a message says "My boss is gonna call tomorrow he wants to meet u".. and that was it.

Well today rolls by, no call. The thing is.. can this cop do all this, fake "name" possibly, informal texting him, etc. My officer said he has to co-operate with him because it's mandatory 2 years for in a school zone and more than one bag+scale can be intent to distribute" So my friend is co-operating with the guy 100% right now... But it almost seems weird the cop isn't calling him, and texting him with a fake name, etc.
Sorry it seems weird to you. But, if that's how they do things, that's how they do things. Your "friend" is a fool for confiding all of this to you.

So, who is "my officer?" If you are really the "friend" just say so - no need for you to try to hide behind the "... I have this friend ..." facade as so many here try to do.

If he doesn't co-operate can they charge him? He has nothing on him anymore, and never got a citation, warning, or anything.
Yes, he can still be charged. And if the officer seized the other items, he has the evidence.

Before your "friend" cooperates any more, he should probably speak to an attorney. Yes, he might get prosecuted, but the attorney might be able to work an OFFICIAL deal (in writing) that will keep your friend out of jail or prison.

It's also decriminalized here for possession < 1 ounce..
Not for unlawful sales and distribution.
 

XpL0d3r

Junior Member
No no really is my friend haha. He's not really 'confiding' in me, I just figured I would help him out with some answers if I could since he's kind of freaking out. I almost posted in the beginning that it's going to sound like a "my friend" cover-up of myself, but figured regardless of who it is doesn't really matter. I've taken no part of it, just trying to get him some answers.

My bad I made a mistake with they "my officer" in that one sentence. I know it sounds "fake", but whatever.

So the cop really can do all the stuff without him signing anything, etc, and then prosecute him if he doesn't cooperate? That's really all I was asking haha
 

justalayman

Senior Member
So the cop really can do all the stuff without him signing anything, etc, and then prosecute him if he doesn't cooperate? That's really all I was asking haha
well, the DA prosecutes but basically, yes, if your friend refuses to cooperate, the cop can and likely will turn in his report and recommendation to the DA. From there, it's up to the DA to charge you or not.
 

Dillon

Senior Member
well, the DA prosecutes but basically, yes, if your friend refuses to cooperate, the cop can and likely will turn in his report and recommendation to the DA. From there, it's up to the DA to charge you or not.
isnt blackmail against the law.

Blackmail defined: Extortion of money or something else of value from a person by the threat of exposing a criminal act or discreditable information.

couldnt this be considered blackmail and malfeasance?
 
Last edited:

XpL0d3r

Junior Member
isnt blackmail against the law.


Blackmail defined:

Extortion of money or something else of value from a person by the threat of exposing a criminal act or discreditable information.
See, this is what my friend thought of, which makes sense. He figured he was supposed to go down and sign something agreeing to become a CI. He had no idea he would be getting texted by a cop saying his boss wanted to meet him, etc.

I'm majoring in Information Security & Forensics at school, and concentrating in Criminal Justice at school, as law enforcement has always been of interest to me.
 

Dillon

Senior Member
See, this is what my friend thought of, which makes sense. He figured he was supposed to go down and sign something agreeing to become a CI. He had no idea he would be getting texted by a cop saying his boss wanted to meet him, etc.

I'm majoring in Information Security & Forensics at school, and concentrating in Criminal Justice at school, as law enforcement has always been of interest to me.
if me, this officer sounds like trouble, id be careful. the DA or the PD is not likely to help!

id quit the drugs, if possible. it will only lead to more trouble here?

Jesus said, " he who sins becomes a slave to sin." he may be an addict and not realize it?

its time to go in the Right direction, he deserves better.
 
Last edited:
Sounds like your freind already got ripped off for a 1/2 ounce. If he goes to a meeting at the station, they are going to get what they want from him (confession, names...) then arrest and charge him.
He should talk to a lawyer first, or at least have a couple of grand bail money ready or a bailsbond man in the wait.
 

CdwJava

Senior Member
isnt blackmail against the law.

Blackmail defined: Extortion of money or something else of value from a person by the threat of exposing a criminal act or discreditable information.

couldnt this be considered blackmail and malfeasance?
No.

You have to read the legal definition as applied by the specific state's statutes. It is hardly unlawful to offer a consideration (leniency) in exchange for information and the like. This is a VERY common practice.

As I mentioned, the OP's friend should speak to an attorney before he agrees to do anything. While that might mean any deal is off the table, at least he'll know what to expect.
 

Dillon

Senior Member
No.

You have to read the legal definition as applied by the specific state's statutes. It is hardly unlawful to offer a consideration (leniency) in exchange for information and the like. This is a VERY common practice.
yeah, if he cooperates, if not he will likely be charged and go to jail. sounds like bad faith offered under duress, to me.

you can define it anyway you want, its still (legal) blackmail. as granny says, "you can dress up a pig and its still a pig,"
if a citizen tried the same, what would happen?

why not just put a gps on his car, its legal now?

PS In the first place, does the STATE even have (legal) standing to prosecute? Lets not worry about that little issue it could mess things up?

By the way how does one establish (legal) standing in a court of Record?

i know you dont want to answer those questioins
 
Last edited:

tranquility

Senior Member
sounds like a bad faith offer to me.
Do you have a citation for what constitutes a "bad faith offer" to a suspect?

PS In the first place, does the STATE even have (legal) standing to prosecute?
Um...yea. Who else?

By the way how does one establish (legal) standing in a court of Record?
By having the [supposed] crime take place there?

Dillion, what is your point? It seems there are *no* legal or factual issues in your favor. Please give your references.
 

justalayman

Senior Member
See, this is what my friend thought of, which makes sense. He figured he was supposed to go down and sign something agreeing to become a CI. He had no idea he would be getting texted by a cop saying his boss wanted to meet him, etc.

I'm majoring in Information Security & Forensics at school, and concentrating in Criminal Justice at school, as law enforcement has always been of interest to me.

you would be wise to ignore Dillon. He is off on some, probably, drug induced alternate reality. For some reason he has come to the conclusion the state cannot prosecute anybody because they do not have standing.

If that were true, I would think we wouldn't have an overcrowding situation in our jails.







Personally, after knowing a few people that were offered deals such as this. I think walking into the police station and turn himself in would be a much better action.

and Dilllon, you really want to study; duress, and why it is not applicable. Understand that the presence of duress is an argument to invalidate a contract. The OP has that right as it stands so even if there was duress, it would mean nothing.
 

Find the Right Lawyer for Your Legal Issue!

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