Drug Crimes, Substance Abuse Happy 21'st birthday from the cops!

[Rycon]

Heres the story..

My 21'st birthday, was being responsible as always. Went out to a bar, had my wife Designated driver, came back to my place, started to chill out with 5 people total.

Night went on, was smokin my new water pipe, we ordered a pizza. I hear a loud knock, my dumb ass just answers the door thinking it was pizza, its 5 cops. He looks sideways through my screen door and sees my bong, they come in and secure us. They take my bong, and my tiny bit of weed, they hook me up for 2 counts of misdemeanor drug paraphernalia. My friend had a one hitter and a tiny bit of weed aswell, they hooked him up for the same. He also had 1 oxycodene pill, in which they thought was a felony so they take him to jail, when he gets to jail they figure out its not a felony but book him anyway. Had to pay $1000 to get him out. We all were very compliant, and gave them no trouble whatsoever.


For some weird reason they didn't take the bowl just sitting on my table right next to everything else, they also didn't touch my bubbler in the other room.

They kept avoiding the question of the initial call of why they were there, im pretty sure it they were tipped by someone saying we would have allot of drugs, once they got inside and figured out we weren't criminals (none of us having any record) they seemed disappointed, since they brang 5 cops im pretty sure it wasn't just a noise complaint.

2 of the police officers seemed nice, explaining to me what I should do in in court, telling me to talk to the DA and try to get on the first offenders program in which I would have to do community service. the problem is I work full time, I don't want to do this crap (Seeing as I dont feel like I broke the law in the first place). It doesn't matter if I pay a lawyer or do community service, I will be paying either way (Taking time off work).

I got screwed over for nothing.. what was this supposed to teach me? sitting in my house being responsible.. and then cops wonder why young people don't respect them.. or even why we don't vote.. hmm maybe because we have no rights?

Dont ever leave stuff laying around when you answer the door.. big mistake. its funny because I was actually starting to respect police again figuring this would never happen to me seeing as Im a very small responsible personal user.. well I was wrong..

Great 21'st birthday! Now I guess im going to have to pay a alot of money to a lawyer to make these charges go away.. all for nothing..

 

[jacksgal]

How do you figure you were doing nothing wrong? You had illegal substance and materials thats illegal. You need a Lawyer but dont expect to not appear in court

 

[Rycon]

Well I guess you could say I morally felt like I did nothing wrong.. I mean just the other week about a stone throw away from my work a drunk driver (on his 21'st birthday) hit and killed a bicyclist.. does this excuse my case? Of course not, but at least I thought about safety and the well being of others. I dont think that sort of thing is funny. I am scared every day of getting a call that my wife was hit by a drunk driver, it happens all the time.

So this is how I see my tax dollars going to work, instead of catching real criminals (And I dont see myself as a criminal) they are busy listening to me watch family guy through my window.. seriously.. they said they did that..

 

[jacksgal]

You are a real criminal you broke the law. Yes a minor law but a law none the less.

 

[CdwJava]

So this is how I see my tax dollars going to work, instead of catching real criminals (And I dont see myself as a criminal) they are busy listening to me watch family guy through my window.. seriously.. they said they did that..

Where do you think the cops catch "real criminals"? We don't catch them by happening to drive by the scene of a rape or murder in progress, we catch them most often doing lesser things which lead to bigger things. We arrest more wanted felons on traffic stops than on fugitive warrant details! And open crimes are often solved by similar happenstance encounters.

I don't know what state you are in, but perhaps you should consider moving somewhere where you can smoke freely if this is the avenue that you wish to pursue in life.

When you go hire that attorney, I presume that he or she can access the police report which will reveal why the officers were there to begin with.

- Carl

 

[Rycon]

Where do you think the cops catch "real criminals"? We don't catch them by happening to drive by the scene of a rape or murder in progress, we catch them most often doing lesser things which lead to bigger things. We arrest more wanted felons on traffic stops than on fugitive warrant details! And open crimes are often solved by similar happenstance encounters.

I don't know what state you are in, but perhaps you should consider moving somewhere where you can smoke freely if this is the avenue that you wish to pursue in life.

When you go hire that attorney, I presume that he or she can access the police report which will reveal why the officers were there to begin with.

- Carl

I appreciate your help, but I also hope that you don't think that the drug marijuana is a 'gateway' drug as so many seem to assume. I have never tried any other drug, nor plan on it, I have never even smoked a cigarette. I also understand very well that you do catch criminals on routine stops and such.

Obviously my definition (and the laws definition) of a real criminal differs, I feel that if you see me as a criminal, you fit in quite nicely with the corrupt system, and you in turn are corrupt. My definition of a criminal is someone who cares nothing of another human, weather violence/death or theft occurs, they care for nothing but themselves. I think I am a blatant (yet very small) example of the injustice in our system, and I am ashamed to be apart of it.

I am not able to live in peace, I am harassed by the ones payed to protect me, tis a sad day.

If you get nothing from my story, just think about the next time you see disrespect for the law for no apparent reason. Why would a young person like me fear the law? Sure you could argue all day that I am yet another angry person, upset about his bust of his cannabis.. but from the events that happened, what kind of message does this send?

So far I have learned that safety counts for nothing, so many officers try to push there point of 'thinking of others..' well it seemed to make no difference in my case. Lets say I was of lesser intelligence and had a sickness that required the use of needles.. since I have been taught that safety and responsibility account for nothing.. would I be so reluctant to improperly dispose of such items? Maybe even in retaliation of the events that aspired.

If you think for a second that people don't think that way.. you have allot to learn.

Just think about the message you send to young people.

 

[jacksgal]

I am thinking about your example. Just because you dont believe in a law its not a crime for you!? I am sorry your in this position but he did commit a crime

 

[CdwJava]

I appreciate your help, but I also hope that you don't think that the drug marijuana is a 'gateway' drug as so many seem to assume.

Sometimes it is, but more often it is a companion drug. It is also the second most common "drug" used by teens - the first being alcohol.

Though that is neither here nor there.

Obviously my definition (and the laws definition) of a real criminal differs, I feel that if you see me as a criminal, you fit in quite nicely with the corrupt system, and you in turn are corrupt.

Nice try, but no score. And, yes, I do see you as having committed a crime because your actions are, in point of fact, illegal.

A criminal is (from Merriam-Webster:

1: relating to, involving, or being a crime <criminal neglect>
2: relating to crime or to the prosecution of suspects in a crime <criminal statistics> <brought criminal action>
3: guilty of crime; also : of or befitting a criminal <a criminal mind>
4: disgraceful​

You may not think you are a criminal, but by committing the crime you are a "criminal" of sorts.

My definition of a criminal is someone who cares nothing of another human, weather violence/death or theft occurs, they care for nothing but themselves.

Then only sociopaths would be criminals. Very few people who commit crimes of any kind will fall into the category you have created.

Perhaps you should learn something more about sociology and psychology and rethink that definition.

I think I am a blatant (yet very small) example of the injustice in our system, and I am ashamed to be apart of it.

You are not a "part" of it, but you ARE subject to it as are we all.

If you get nothing from my story, just think about the next time you see disrespect for the law for no apparent reason. Why would a young person like me fear the law?

I hear the same argument from people who get traffic citations or get busted for curfew ... they claim we should be stopping "real" criminals, etc. There are many reasons why laws are the way they are and why law enforcement is expected to enforce these laws. Few people are happy when they get popped for minor offenses - and most of what we deal with are relatively minor.

In the end, there is nothing to really fear from the law so long as you obey it.

Just think about the message you send to young people.

I send a fine message to young people, thank you.

How about your message? A message that says it is okay to disobey the law ... a message that says that laws are not meant for some people when they feel it should not apply to them? What about that kind of message?

In my state, this event would almost certainly not have happened since marijuana is all but legal here. Perhaps you should get politically active and seek to legalize marijuana in your state. Then, you will be free to toke up and get loopy all you want.

- Carl

 

[CdwJava]

And, as far as "belief" goes ...

"A man can no more diminish God's glory by refusing to worship Him than a lunatic can put out the sun by scribbling the word 'darkness' on the walls of his cell."

— C. S. Lewis​

Believing that your act was not a crime does not make it any less so.

- Carl

 

[seniorjudge]

And, as far as "belief" goes ...

"A man can no more diminish God's glory by refusing to worship Him than a lunatic can put out the sun by scribbling the word 'darkness' on the walls of his cell."

— C. S. Lewis​

Believing that your act was not a crime does not make it any less so.

- Carl

Amen and amen.

The man who blames society for his own failure is a coward and a liar.

 

[Rycon]

It is sad that you wish to ignore the small facts of my case and simply put me into the criminal category just because our system says so, in turn you are saying that our system is perfect (or even working).. which is hilarious.

I know what the law defines as criminal, I am simply saying that morally I do not feel I am criminal.

It seems you do not want peace, just law. By not even taking my circumstances and/or facts of my case into consideration, you leave no room for compassion or sympathy. This is why our system is the way it is today. Just because I enjoy a plant god has created (If you believe in god) I am treated the same as other criminals of sorts. Wouldn't you feel the same if every time you didn't stop for 3 seconds at a stop sign, you were put through this experience? Couldn't you say that its of more serious matter since peoples lives are at stake? Now who's life was at stake with me.. hmm..

The message I send out is think of others, do to others as you want others to do to you. It would seem that you would prefer the law to be a machine in the sky, zapping you any time your foot stray onto 'trespassing' territory, which could be as simple as a stumble off of the sidewalk, or when you accidentally forget to go the appropriate speed on a highway.

What you have all failed to tell me is my real crime, not technical crime. So far its been, 'your a criminal..'. I understand what my crime is, but its appalling how you havnt the slightest of sympathy for my case, and simply wish to call me a criminal. I almost expected someone to at least be (somewhat) agreeable with my point and mabye at least say.. 'hey you know we appreciate your thoughtfulness of others and this is a tough break, you don't deserve to be going through this but sadly you have to'. Obviously this forum was not made for sympathy, its purpose is very clear, and I my intent was not to gain sympathy. I apologize for using this forum for venting, and I do have some legal questions that I will now discuss.

I live in North Carolina.

The officers did not read my friends rights when he was arrested, what does this mean?

Also, is there anything that can be done since the officers did not seem to know what was a felony and what was a misdemeanor. Im guessing the magistrate did not have a choice of whether or not to book him once they determined it was not a felony.. what effects (if any) does this have on his case?

Im guessing that we fell under the 'Plain view' law, that allows officers to search once they have seen something in plain view. Im guessing I cant argue that the water pipe seen can be used for tobacco products.

Is there any advice that can be offered in our cases?

 

[jacksgal]

So since pedophiles feel they are not criminals because they love thier victims they are not criminals? I am not placing you in same group just showing how your logic does not apply. If unhappy with a law write your State's rep and ask for a change. Far as your rights not being read, well you watch too much TV. Miranda applies to questioning following not prior to arrest. Were you questioned after official arrest? If so any statements you made that "might" incriminate you can be tossed. I understand what your trying to imply and say but bottom line is your broke the law and thus made yourself a criminal. You were also told how many felony arrests are made from simple stops. Now instead of complaining about something you cannot change in time, if at all, for your case just find an Attorney to get best possible deal

 

[CdwJava]

It is sad that you wish to ignore the small facts of my case and simply put me into the criminal category just because our system says so, in turn you are saying that our system is perfect (or even working).. which is hilarious.

Sadder still that you refuse to acknowledge that what you did was a criminal act as it was in violation of the law. Does that make you evil? No. But it does make it a crime.

And no one here has ever said the system was "perfect". But, the system is not what jammed you up here, the act that jammed you up was your own.

I know what the law defines as criminal, I am simply saying that morally I do not feel I am criminal.

Okay.

It seems you do not want peace, just law. By not even taking my circumstances and/or facts of my case into consideration, you leave no room for compassion or sympathy.

Then re-write the law to say that committing a criminal act is okay if done inside your own home. Unfortunately for you, that is not what the law says. If you do not like such laws, then get active politically to repeal all drug laws. There are groups out there attempting to do just that.

Just because I enjoy a plant god has created (If you believe in god) I am treated the same as other criminals of sorts.

God also created arsenic. All because it exists does not mean that it is best to consume it.

And since no one accused you of committing a sin, God's laws really have no bearing on the laws of man in this instance.

Wouldn't you feel the same if every time you didn't stop for 3 seconds at a stop sign, you were put through this experience?

Well, they wouldn't be coming into my house for that. But, yeah, I'd feel annoyed that I got a ticket and I might feel the officer was bing too picky. But, it would still have been MY action that caused my situation.

Couldn't you say that its of more serious matter since peoples lives are at stake? Now who's life was at stake with me.. hmm..

Once again, your criteria for a crime is warped. Most offenses have nothing to do with putting people at risk of bodily harm. You are not being accused of threatening harm or committing a dangerous act, so let's get off that horse, shall we?

What you have all failed to tell me is my real crime, not technical crime.

You committed a "real" crime. Since all crimes are "technical" crimes as they violate statues of one sort or another, then there is no difference.

Obviously this forum was not made for sympathy, its purpose is very clear, and I my intent was not to gain sympathy. I apologize for using this forum for venting, and I do have some legal questions that I will now discuss.

No, it is not here for sympathy. You chose to break the law and you got caught. Whining about it will not change that fact. Owning up to your error and taking whatever actions you can to minimize the impact is all you can do at this point. Diversion is one possibility, hiring an attorney for an expensive court fight to try and suppress the entry and search is another. It all depends on your resources and desire to move on.

The officers did not read my friends rights when he was arrested, what does this mean?

It means that no statements made by your friend after the arrest cannot be used against him unless they were read to him later.

Also, is there anything that can be done since the officers did not seem to know what was a felony and what was a misdemeanor. Im guessing the magistrate did not have a choice of whether or not to book him once they determined it was not a felony.. what effects (if any) does this have on his case?

None, really. Unless you were booked for an offense that you should not have legally been booked for, there is nothing to the fact that the officers did not recall whether the offense was a felony or a misdemeanor. Even if they did book you when the law might have said a summons was the only route to take, that would be a separate issue from the charge anyway.

Im guessing that we fell under the 'Plain view' law, that allows officers to search once they have seen something in plain view. Im guessing I cant argue that the water pipe seen can be used for tobacco products.

Yes, it appears to be plain view. And, yes, you CAN argue that it was used for tobacco ... but, really, who is going to believe that?


- Carl