police report
let me begin by first thanking the two members who have left their input.
here is the police report, which i have retyped with little summary. iv'e added some of my thoughts in parenthesis, and changed names.
CDS: possession -Marihuana penalty- one year and/or 1,000.00
CDS - possession - paraphernalia penalty- 500.00
It’s formally charged that the defendant:
Did possess a controlled dangerous substance of schedule 1, to wit: marihuana
Did use drug paraphernalia to wit: a multi-colored glass inhalation device, used to introduce into the human body by inhalation, a controlled dangerous substance of schedule 1, to wit: Marihuana
Statement of probable cause on Friday, may 14, 2010 at 0100 hours, I, Officer Runkles was on unmarked vehicle patrol in area of 112th street and coastal highway ocean city m.d, 21842. While on unmarked vehicle patrol I observed a white in color Toyota Tacoma pennsylcania registraion. I could clearly see the driver was not restrained by his safety belt. I noted the metal clasp of the safety belt was in the up position. The driver of the Toyota was in violation of T.A. 22-4123.3 (b) operator not restrained by seat belt. I performed a traffic stop. I issued a OCMDPD warning. I advised the driver he was free to leave. ( i can attest that the officer did not inform us we were free to leave, at no point did he inform us that we were no longer detained) prior to leaving the driver consented to a search of the Toyota (the officers words were “ can I check for weapons in the vehicle? “ the driver said “yeah go ahead” believing the search would be brief, however, the officer began searching our suitcases and displaced every item in the car).
I asked the driver the driver and passanger to exit the vehicle.
during the consent search, I located a Lipozene bottle inside the center console of the Toyota. I opened the Lipozene pill bottle and observed a partial smoked cigarette. I knew it to be marihuana.
I located a wooden container inside the center console of the Toyota. I opened the container and located a metal pipe inside. I detected the odor of marihuana emanating from the metal pipe. I recognized the wooden container and metal pipe to be drug paraphernalia called a “dugout” or a “bat” on the street.
I located E-Z wider cigarette papers inside the center console. I know through my training and experience as a police officer, that users will commonly use cigarette papers to smoke marihuana.
I located a metal tin containing marijuana seeds inside the center console.
I located a multi-colored glass pipe inside the front of the driver seat door panel. I detected the odor of marihuana emanating from the multi-colored pipe. I noted the location where I located the multi-colored pipe was easily accessible to only Woods (I observed the owner of the vehicle, Paul Potato, reach to grab, and place things on the passenger side of the small pick-up trucks cabin. Furthermore, the driver clearly uses marijuana, and it not unreasonable to believe that the Paul had other people in the car who could have placed it there. The arresting officer jumped to conclusions by saying that the pipe could only have been put there by me.)
the above set of facts let me to believe Woods did possess a controlled dangerous substance of schedule 1, to wit: marihuana(THC). I subsequently placed Woods under arrest for CR5-601 (a) (1) CDS: Possession- Marihuana.
The above set of facts led me to believe Woods did possess drug-paraphernalia to wit: a multi-colored glass inhalation device, useed to introduce into the human body by inhalation, a controlled dangerous substance of schedule 1, to wit :marijuana (THC). I subsequently charged Woods with CR5-619 ( C ) (1) CDS: Possession -Paraphernalia.