Drug Crimes, Substance Abuse Caught with Marijuana in Arizona, PLEASE Advise

[smokester]

I was caught in Yuma, Arizona, and currently reside in New York State.

Hello,

My name is John, I am 21 years old, and have some questions about Arizona law that I am hoping someone will be able to answer.

Back Story: I recently began a road trip from Southern California to New York state, where I would then be residing permanently. I smoke marijuana daily. I was driving with all my possessions in my car. Upon entering Arizona, I was stopped and caught at a Border Patrol Checkpoint with just under 2 ounces of marijuana (50.0 grams), 1.5 grams of hash, 1 bong, and 2 small pipes.

While waiting in line at the checkpoint, drug dogs alerted the patrolmen of the marijuana in my vehicle. I was told to move to secondary. I denied any consent to searches, but was told that the drug dogs alert was probable cause, as expected. I was asked to step out of the vehicle so it could be searched.

Patrolmen then searched my entire vehicle and found marijuana (50 grams), hash (1.5 grams), and paraphernalia (3 counts). I was read my rights, afterword asking, "Am I being arrested?" The patrolmen responded, "As of right now..." Once they had found all of the above materials, I vocalized that they had found everything illegal in the vehicle, and they did not find anything else following.

I was then moved to a portable for questioning. I admitted that all illegal items were mine and were for personal use. There was obviously no intent to sell as I had no scale, no baggies, and everything was UN-hidden and simply placed in the car as if it was normal luggage. I answered several questions about the type of marijuana, the cost (~$500.00), the location where I purchased it, etc.

Initially, the hashish was not evident. It was not until the point where they were weighing the marijuana that they found the baggie containing 1.5 grams of hash. At that point, things seemed to turn more serious, as expected. From my point of view, it was then that the Border Patrol turned to the only local county officer on site, the Yuma County Sheriff, for his opinion and decision on the matter.

For the next half-hour/hour, the Sheriff continued to question me about my personal life, my education, my criminal history (none) and my drug history. I responded to all questions politely and in an educated manner. He also checked for warrants, which I did not and never have had. He made sure I was aware of the 3 counts of felonies that I could be facing and their consequences.

After what seemed like much speculation and discussion, he then asked me to stand up, and proceeded to tell about a policy called a "Longhorn," for which he writes and sends a report to the county D.A., and if he/she so pleases, can charge me with what they feel I deserve. He told me that I would be notified by mail if I was to be charged. Also, that I would have to appear in court or have an attorney appear for me. He then walked me to my car, gave me back my license, and let me continue towards my destination.

What they did/did not do:

- They made a copy of my drivers license AND I gave them my new address
- They took down my current phone number
- They did NOT fingerprint me
- They did NOT give me a citation
- They did NOT make me or ask me to sign ANYTHING
- They did NOT give me a card with the D.A's or Sheriff name/number
- They did NOT give me a copy of the report

My questions are not so focused around the charges which I could be facing, as I have done handfuls of research on Arizona drug laws and read a number of cases similar to mine. I am aware of the consequences.

What I am more concerned is whether or not the Arizona "Longhorn" is a real process or not. Has anyone heard of this process? Can I be freely let go without citation or signature, and still be charged? I have searched extensively for information on the "longhorn" and could not find anything to the slightest degree.

I have spoke with a number of people who feel that the Sheriff was out to "pull my leg," but none of which are legal representatives, and none of which have settled my EXTREME anxiety on the matter. I know legal forums are not much of a better consultant, but I would rather not pay for a true legal consultation until I have confirmation of a charge, and ANY information helps.

I am not a bad person. I attend college full-time, have a high G.P.A., have held steady jobs since I was 16, have no criminal record of ANY kind, and enjoy smoking marijuana.

If anyone has any information on the Arizona "Longhorn," I would greatly appreciate your input/advice. I am VERY concerned, and do not want my personal life nor my education to be affected by such a charge. Please, if ANYONE has ANY knowledge which can help, I would appreciate it more than you know.

Thank you so very much,

John

 

[army judge]

I was caught in Yuma, Arizona, and currently reside in New York State.

Hello,

My name is John, I am 21 years old, and have some questions about Arizona law that I am hoping someone will be able to answer.

Back Story: I recently began a road trip from Southern California to New York state, where I would then be residing permanently. I smoke marijuana daily. I was driving with all my possessions in my car. Upon entering Arizona, I was stopped and caught at a Border Patrol Checkpoint with just under 2 ounces of marijuana (50.0 grams), 1.5 grams of hash, 1 bong, and 2 small pipes.

While waiting in line at the checkpoint, drug dogs alerted the patrolmen of the marijuana in my vehicle. I was told to move to secondary. I denied any consent to searches, but was told that the drug dogs alert was probable cause, as expected. I was asked to step out of the vehicle so it could be searched.

Patrolmen then searched my entire vehicle and found marijuana (50 grams), hash (1.5 grams), and paraphernalia (3 counts). I was read my rights, afterword asking, "Am I being arrested?" The patrolmen responded, "As of right now..." Once they had found all of the above materials, I vocalized that they had found everything illegal in the vehicle, and they did not find anything else following.

I was then moved to a portable for questioning. I admitted that all illegal items were mine and were for personal use. There was obviously no intent to sell as I had no scale, no baggies, and everything was UN-hidden and simply placed in the car as if it was normal luggage. I answered several questions about the type of marijuana, the cost (~$500.00), the location where I purchased it, etc.

Initially, the hashish was not evident. It was not until the point where they were weighing the marijuana that they found the baggie containing 1.5 grams of hash. At that point, things seemed to turn more serious, as expected. From my point of view, it was then that the Border Patrol turned to the only local county officer on site, the Yuma County Sheriff, for his opinion and decision on the matter.

For the next half-hour/hour, the Sheriff continued to question me about my personal life, my education, my criminal history (none) and my drug history. I responded to all questions politely and in an educated manner. He also checked for warrants, which I did not and never have had. He made sure I was aware of the 3 counts of felonies that I could be facing and their consequences.

After what seemed like much speculation and discussion, he then asked me to stand up, and proceeded to tell about a policy called a "Longhorn," for which he writes and sends a report to the county D.A., and if he/she so pleases, can charge me with what they feel I deserve. He told me that I would be notified by mail if I was to be charged. Also, that I would have to appear in court or have an attorney appear for me. He then walked me to my car, gave me back my license, and let me continue towards my destination.

What they did/did not do:

- They made a copy of my drivers license AND I gave them my new address
- They took down my current phone number
- They did NOT fingerprint me
- They did NOT give me a citation
- They did NOT make me or ask me to sign ANYTHING
- They did NOT give me a card with the D.A's or Sheriff name/number
- They did NOT give me a copy of the report

My questions are not so focused around the charges which I could be facing, as I have done handfuls of research on Arizona drug laws and read a number of cases similar to mine. I am aware of the consequences.

What I am more concerned is whether or not the Arizona "Longhorn" is a real process or not. Has anyone heard of this process? Can I be freely let go without citation or signature, and still be charged? I have searched extensively for information on the "longhorn" and could not find anything to the slightest degree.

I have spoke with a number of people who feel that the Sheriff was out to "pull my leg," but none of which are legal representatives, and none of which have settled my EXTREME anxiety on the matter. I know legal forums are not much of a better consultant, but I would rather not pay for a true legal consultation until I have confirmation of a charge, and ANY information helps.

I am not a bad person. I attend college full-time, have a high G.P.A., have held steady jobs since I was 16, have no criminal record of ANY kind, and enjoy smoking marijuana.

If anyone has any information on the Arizona "Longhorn," I would greatly appreciate your input/advice. I am VERY concerned, and do not want my personal life nor my education to be affected by such a charge. Please, if ANYONE has ANY knowledge which can help, I would appreciate it more than you know.

Thank you so very much,

John

I don't know anything about a policy or initiative in AZ, called "LONGHORN".

I do know a great deal about criminal law and prosecutions.

AZ isn't going to bother with this charge.

It would cost them TOO much to extradite you back from NY for a little "weed" and a little "hash".

No one is going to voluntarily return to another state to face a misdemeanor, less alone a felony charge.

They were trying to put the fear of God into you, and hopefully, they did!!!

Those border searches are looking for "illegal aliens" and massive quantities of illegal drugs.

They don't throw the "big" fish back.

You were a minnow, and they toyed with you, because they could.

They played with you, the same way a cat does with a mouse.

The thrill was in the chase and the catch.

Even the dogs got in on the act.

You're in college and maintaining a good GPA.

You want to make something of your life.

You do see what COULD have been, don't you?

Please, I don't want to moralize, but I hope you FULLY understand the momentous portent of what could have been.

You know what you SHOULD do, so I won't say it!

Good luck!!!

 

[smokester]

i was just informed that i may be mistaken...

someone suggested that I was put under whats called a "long ARM statute"

can anyone clarify what this means? and what kind effect it has on my situation?

 

[army judge]

i was just informed that i may be mistaken...

someone suggested that I was put under whats called a "long ARM statute"

can anyone clarify what this means? and what kind effect it has on my situation?

That makes no sense!

Long arm statutes are creatures of civil law.

What you were involved in was the criminal law.

Long arm statutes have nothing to do with the criminal law.

Here is Arizona's long arm statute:

§ 09.05.015. Personal jurisdiction.
(a) A court of this state having jurisdiction over the subject matter
has jurisdiction over a person served in an action according to the rules of civil
procedure
(1) in an action, whether arising in or out of this state, against a
defendant who, when the action is commenced,
(A) is a natural person present in this state when served;
(B) is a natural person domiciled in this state;
(C) is a domestic corporation; or
(D) is engaged in substantial and not isolated activities in this
state, whether the activities are wholly interstate, intrastate, or otherwise;
(2) in an action that may be brought under statutes of this state
that specifically confer grounds for personal jurisdiction over the defendant;
(3) in an action claiming injury to person or property in or out of
this state arising out of an act or omission in this state by the defendant;
(4) in an action claiming injury to person or property in this state
arising out of an act or omission out of this state by the defendant, provided,
in addition, that at the time of the injury either
(A) solicitation or service activities were carried on in this state
by or on behalf of the defendant; or
(B) products, materials, or things processed, services, or
manufactured by the defendant were used or consumed in this state in
the ordinary course of trade;
(5) in an action that
(A) arises out of a promise, made anywhere to the plaintiff or
to some third party for the plaintiff's benefit, by the defendant to perform
services in this state or to pay for services to be performed in this state
by the plaintiff;

 

[smokester]

so because my actions were criminal actions, i cannot be issued a Long-Arm Statute?

(disclaimer: im not the best at interpreting legal jargon) but i did a little bit of reading outside of your post, and could not find a clear statement that they can only be issued on civil matters.

side question: in the case that I WAS issued a long-arm statute by the Yuma Sheriff, will it be thrown out by the D.A. because it was not properly assigned to an action of broken civil law?

 

[army judge]

so because my actions were criminal actions, i cannot be issued a Long-Arm Statute?

(disclaimer: im not the best at interpreting legal jargon) but i did a little bit of reading outside of your post, and could not find a clear statement that they can only be issued on civil matters.

side question: in the case that I WAS issued a long-arm statute by the Yuma Sheriff, will it be thrown out by the D.A. because it was not properly assigned to an action of broken civil law?

Who told you that the deputy said "long arm statute" as opposed to something "longhorn"?

They took your dope, and you let you go.

They don't extradite people for small amounts of marijuana.

They won't go all the way to NY state to do it.

New Mexico, maybe, doubtful, but maybe.

NY, never.

The feds MIGHT come after you.

AZ won't come after you, but the feds, damn.

They'll go anywhere to make a point.

I forgot you said the Border Patrol was involved.

The feds don't need "long arm" statutes to go after you.

They have a network of agencies and courts all across the land.

You have nothing to fear from AZ, but if the feds come after you, man oh man!

Good things is, they'll appoint you a federal defender and you'll never see a federal prison over this.

That hash, that could also be a problem for you.

The feds aren't so hot after small amounts of weed, but hash; that's another story.

At this point, there is nothing you can do.

You'll just have to wait it out.

It could take 2-3 months, and sometime in September, the US Marshals could pay you a visit!!!!

 

[smokester]

A separate legal advice site was the one who suggested i was issued a "long-arm."

I have heard AZ is the most strict state on marijuana possession in the US. Anything UNDER 2 lbs is a FELONY. Also a felony for trafficking. Also a felony for the hash.

Border Patrol basically put the entire situation in the Sheriff's hands once they found the hash, so, as of now, Im not so concerned with it going Federal.

I understand they would never extradite for something like this. But at the same time, I am an successful individual and i would NOT like having a felony warrant on my record. I understand there is nothing I can do if such a thing occurs, and am doing my best to prepare for that situation.

You keep mentioning AZ wont come after me. By that, and IN YOUR OPINION, are you saying that they wont CHARGE me, or just specifically COME AFTER me?

 

[army judge]

A separate legal advice site was the one who suggested i was issued a "long-arm."

I have heard AZ is the most strict state on marijuana possession in the US. Anything UNDER 2 lbs is a FELONY. Also a felony for trafficking. Also a felony for the hash.

Border Patrol basically put the entire situation in the Sheriff's hands once they found the hash, so, as of now, Im not so concerned with it going Federal.

I understand they would never extradite for something like this. But at the same time, I am an successful individual and i would NOT like having a felony warrant on my record. I understand there is nothing I can do if such a thing occurs, and am doing my best to prepare for that situation.

You keep mentioning AZ wont come after me. By that, and IN YOUR OPINION, are you saying that they wont CHARGE me, or just specifically COME AFTER me?

It is too late to worry about being successful, after you got popped with drugs.

AZ, TX, MS, AL, and few other states are very tough on "weed".

But, "hash" is the problem for you.

Don't be surprised IF the feds come after you.

A felony warrant, by the way is nothing.

It is the felony conviction that should worry you.

That "weed" isn't your problem.

That "hash" is your problem.

Together, they are a big problem, if the feds want you.

Until something definitive happens, you can do nothing.

If AZ was going to charge you, they would have arrested you on the spot.

The feds are sneaky.

They let you go, and then they indict you.

That takes time, usually 2-3 months.

But, they how to find you, they are the all knowing feds.

If you have a problem brewing, it'll be with the feds, not the state of AZ.

 

[smokester]

Why is a Felony warrant "nothing?"

My obvious fears, as we all know, are that I will 1) lose my financial aid, 2) not be able to get a job, 3) get taken it an let go by NY police frequently (if stopped), and 4) lose acceptance to my university (this one im not so sure about)

but in what ways is is "nothing?"

are you suggesting (obviously in your opinion) that I would be better off not responding to any charges through AZ, and live life with the warrant while trying to not get pulled over, caught, etc?

^^(serious question, im very interested in your opinion)

 

[smokester]

also, any other opinions are more than welcome.

thank you.

 

[mightymoose]

I can give a little insight as a deputy sheriff-

As said above, you are NOT what they were looking for out there and were considered a little fish. They didn't want to create more work for themselves by arresting you, and more than likely you were given a HUGE break for being calm and courteous, and because they did not trip you up in a bunch of lies.

They confiscated your drugs, and that was sufficient for them. Yes, they will write up a report of exactly what happened, and yes, they will send it to the District Attorney for review. If the DA reviews and and decides that the matter should be prosecuted THEN you will receive a notice in the mail with a court date for you to respond. If you fail to respond then a warrant will issue for your arrest (which could catch up to you years later).

The officers were not obligated to arrest you. They exercised their discretion in the matter, and seeing that you were not a violent criminal they let you go, minus your weed.

Anyway, should the DA review the case and decide to do nothing, then you likely will never hear anything at all. Do yourself a favor... wait patiently. If weeks turn into months and you have not heard anything, call the Yuma Sheriff Office and have them check if you have any active warrants. Or, if you don't want to wait that long, get a hold of the agency and provide your name, DOB, and the date, time, and location of the incident... the records department should be able to locate a report and provide you with a case number. With that case number you should be able to verify either through the sheriff or the DA if the case is active or not.

DON'T assume that they were just messing with you and nothing will come of this.... but it is quite possible that the DA won't mess with an out of towner in the scenario you are describing... they got your drugs and that is good enough in that case.

- They made a copy of my drivers license AND I gave them my new address

So there will be no question that you are the correct person that was driving the vehicle and made the statements that are reflected in the report.

- They took down my current phone number

They won't likely use it.

- They did NOT fingerprint me

You were not arrested, and the really was no reason to unless they suspected you were not truthful about your identity. They have your license and all the info they need already.

- They did NOT give me a citation

That is because they chose to leave it up to the District Attorney. If the DA opts to pursue this then you will be notified... and they know where to find you.

- They did NOT make me or ask me to sign ANYTHING

They can't MAKE you sign anything... but there was nothing for you to sign. The officers were giving you a way out of the mess by leaving it up to the DA. Be happy they didn't give you a citation because that would certainly result in a warrant if you failed to return for court.

- They did NOT give me a card with the D.A's or Sheriff name/number

Well... they should have given you something with at least the case number. Do as I said above and the records department should be able to locate something. You should wait at least a couple weeks from the time of the incident to make sure records has had enough time to receive it.

- They did NOT give me a copy of the report

The report had not been written yet... there was nothing to give to you. If you had insisted upon having one then you would have had to wait in jail so the deputy could have time to write it.

 

[army judge]

Why is a Felony warrant "nothing?"

My obvious fears, as we all know, are that I will 1) lose my financial aid, 2) not be able to get a job, 3) get taken it an let go by NY police frequently (if stopped), and 4) lose acceptance to my university (this one im not so sure about)

but in what ways is is "nothing?"

are you suggesting (obviously in your opinion) that I would be better off not responding to any charges through AZ, and live life with the warrant while trying to not get pulled over, caught, etc?

^^(serious question, im very interested in your opinion)

Deputy Mightymoose gave you some great additional advice.

A serious answer follows:

A felony warrant is merely a charge.

It pales in comparison to its ADULT state, a felony conviction!

That is the life changer.

What you need to worry yourself about is a felony conviction.

You also need to WORRY about NOT carrying around HASH and WEED.

They are illegal.

Apart from their impact on your health, they could lead to your arrest and conviction.

That could lead to your EXTENDED incarceration.

 

[Disabled Vet]

How long can they come after him? Meaning.... if he doesn't hear anything within 1year then 2 years later can they still charge him? Should he contact anyone to inquire. This sounds like something I would just let die if possible.

 

[mightymoose]

If he fails to show to court when ordered then a warrant will issue and will be valid indefinitely.
If they simply do not choose to file, and he is not ordered to court, then the statute of limitations is probably 3 years for the felony offenses.

This is why it is important for him to stay on top of it and find out for himself if the case is active or not. If he just waits to hear something about it, the first thing he may hear is that he is under arrest because of an active felony warrant.

Making phone calls to the agency to inquire about the status of the case won't do anything to effect how the DA chooses to handle it.