Legal Stop? Paraphernalia?

[Gideon_4474]

Residue is not required in NM. All it needs to be is a device that is intended to be used with drugs. Yes, you can be stopped for window tint that is illegal in that state even if it was legal in your home state. Now you can possibly duck the ticket but the probable cause is there.

If there's a felony charge pending:

1. There's more to their case than you're telling us.
2. Your son needs a lawyer. Felonies just don't go away because of some half-baked constitutional argument.

Your not reading the facts:
The Stop was in ARIZONA- Passing through returning home to New Mexico.
The Stop was for Tinted Windows- That is OK- Not charged for that just given a warning citation. When Asked to search my son said NO (We still live in America)
That is his RIGHT- I worked 21 years in Federal Narcotics was involved with interdiction
and I even talked to the Officer that made the Stop and he actually said "Tinted
windows is common among drug dealers!!!!!!!!!I hope you don't have tinted windows.
A far as residue- They were Two "Herb Grinders" in their Box- New, one for me....I
also have Duct Tape and Scales!!! Does that mean I have Paraphernalia!!! Oh! almost
forgot If you have a "Bible" in your car that is an indicator that you have drugs!
This is about me demanding that my 06 Mustang be repaired by the Navajo Nation
Police....

 

[outonbail]

One of the shady things about using these dogs to sniff out drugs, is that most all of the handlers can have their dog "False Hit" whenever they want. Once they want to search your car, they can simply signal their dog to "Hit" on any area of the vehicle they choose and it then gives them probable cause.

So when there is the slightest equipment violation, or even what an officer believes to be a violation, they know they can search the vehicle when they have a dog with them.

Hence, there is really no way to refuse a search since their dog can give them probable cause whenever they wish.

I figure that one day, this method of getting around a citizens constitutional rights, will be exposed for the sham it is and these dogs, who are no doubt a valuable asset when properly utilized, will no longer be considered probable cause to search a vehicle. So in effect, these K-9 teams are probably shooting themselves in the foot, with all these false hits.

 

[FlyingRon]

Please check your rhetoric. Those who are volunteering their time do not need to be sniped at. If you would reread your comments you will find that you were ambiguous about the state...especially coupled when you decided to delete the "What state are you in?" question that the forum specifically puts in each new topic to make these sort of things clear.

As for what constitutes paraphernalia, it doesn't make much difference. The Arizona law reads the same other than it is a felony 13 ARS 3415. There is NO REQUIREMENT FOR RESIDUE. You could have the hermetically sealed in vacuum packs that came straight from the manufacturer, the test is that that there is an intent to use the device to facilitate "plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a drug."

He doesn't have to write you up for the tint violation (or whatever reason he pulled you over for). The fact that he had reasonable probable cause for the violation suffices. The warning ticket is just documentation of such.

This is about me demanding that my 06 Mustang be repaired by the Navajo Nation
Police....

Oh, silly me. I thought when you psoted to a DRUG forum rather than the AUTO forum you wanted information about the drug arrest. If you can't figure out how to file the civil complaint, the advice still stands. Get a lawyer.

 

[Peligroso27]

Your not reading the facts:
The Stop was in ARIZONA- Passing through returning home to New Mexico.
The Stop was for Tinted Windows- That is OK- Not charged for that just given a warning citation. When Asked to search my son said NO (We still live in America)
That is his RIGHT- I worked 21 years in Federal Narcotics was involved with interdiction
and I even talked to the Officer that made the Stop and he actually said "Tinted
windows is common among drug dealers!!!!!!!!!I hope you don't have tinted windows.
A far as residue- They were Two "Herb Grinders" in their Box- New, one for me....I
also have Duct Tape and Scales!!! Does that mean I have Paraphernalia!!! Oh! almost
forgot If you have a "Bible" in your car that is an indicator that you have drugs!
This is about me demanding that my 06 Mustang be repaired by the Navajo Nation
Police....

A search with a dog is legal. A 21, 20, or 18 year Federal LE officer should know that. Scales are also a common tool used by drug dealers as well, but you knew that too. If you post lies, you won't receive good advice. The accuracy of your post will determine the accuracy of your advice. When you post questions that you want answered try posting more than a sentence fragment followed by a question mark, you will receive more replies that way.