Drug Crimes, Substance Abuse Possession of Marijuana Paraphernalia

Status
Not open for further replies.

earth409

New Member
I am being charged with possession of Marijuana paraphernalia in Miramar, Florida.

I was at the park with two of my friends when 3 police officers parked at the park and approached us and asked us to come off the landing we were standing on. We came down and they said they smelled marijuana and wanted to know where we hid it. We had been smoking marijuana, but had finished before they had even come to the park. They then asked us to empty out our pockets and we did. There was nothing in my pockets which seemed suspicious, other than my lighter, which i use for smoking cigarettes as i am 19 and of legal age. The officers then searched the area and discovered a roach in the sand near where we were hanging out. Without asking for permission to search my vehicle, Officer A told me "give me your keys." I handed them over to him, trying to be as cooperative as possible. I did not think he would search my car, but he then proceeded to search my car and discovered two gram bags of marijuana, two marijuana pipes and a grinder in the car. Officers B and C were asking us about the roach and we denied that it was ours. Officer A returned from my vehicle, and asked me to come with him. He showed me the items and asked who's they were, at which point i denied knowledge of the owner. They continued to question me and my friends about the items, sometimes as a group and sometimes separating us to ask us about them individually. One of my friends claimed the 2 bags of marijuana, while me and my other friend continued to deny ownership of the pipes. I was then separated and asked if the pipes were mine. I denied ownership, and was subsinquently handcuffed. I was told my car would be towed and i would be taken to jail since i continued to lie. I was seated on a bench on the other side of the park while the officers spoke with my friends. Officer B then approached me and told me "I have taken a liking to you. I know these pipes are yours. Your friend told me the weed is his and the girl told me they are not hers. If i arrest you, they are going to tow your car which is gonna cost you money, i am going to take you to jail, and you are going to be charged with 'contributing to the delinquency of a minor', 'possession of marijuana', possession of marijuana paraphernalia', and 'obstruction of justice'. But if you just tell me the truth, you would probably just get a ticket and be on your way." So i admitted that the pipes were mine, and they left me on the bench and continued to speak with my friends. They then allowed my friend who claimed the marijuana to leave, without a citation. They then allowed my other friend to leave as well, without a citation. Officer B and C came over, and told me to stand. They then uncuffed me and ask me to sign a NTA. It stated i was being charged with possession of marijuana paraphernalia. I'm wondering if the evidence could be supressed since I did not give them permission to search my car and there was no evidence linking the roach to my group of friends or even me other than the proximity to us.
 
At no point did you actually tell the officer that you were not giving consent to search the car. When he asked for your keys, what did you think he was going to do?

The only way out you have on this is if he never actually said he was going to search the car, but that's damn flimsy since you readily gave him the keys. When you appear in court, it will be an arraignment. Plead not guilty and ask for a public defender.
 
I didn't think he was going to search my car...

in all honestly, i fumbled my keys and phone and i thought he was going to hold them for me till i put my things back in my pockets. He never told me he was going to search my car, He told me "give me your keys" and when i put my things back in my pockets, he was at the car looking inside. I made sure to specifically note that he did not ask for permission to search my car:eek:, nor did i ever say he could go in my car. And these cops were in a bad mood, and i luckily only came off it with the NTA, cause they were going to take me in. I know had i told him i denied a search on my car, they would have gotten angry and taken me in for some charge they made up. Oh well, do you think there is any chance that it could be considered an illegal seizure?
 
Given that you were not in or apparently near your car at the time you were supposedly smoking dope, I cannot see a nexus to search the car with probable cause based upon your odor and the roach found in the sand. That is not to tay that none could be articulated based upon what the officers knew, were told, or could see or smell, but I don't see it leaping out at me.

However, I anticipate that the officers will claim they had your consent and that will justify the search.

Consult local counsel ASAP.

- Carl
 
That's what i figured. There was no link between me or the car, until the officer saw me pull the keys out of my pocket. The fact that i own a car in the parking lot does not mean they could search it, same as if they found the roach in the sand and went to my home to search it for weed, because i spend time there. I cannot afford an attorney, so i'm going to try and get a public defender.

What would you say the chances are roughly that they evidence may be surpressed? There was no link to the vehicle other than the keys in my pocket and therefore, they had no right to search it without my permission. Seems pretty logical to me, though the main issue is going to be the officers claiming they had permission, but I do have 2 witnesses to the event, my two friends who were there who could verify that they did not have permission to search my vehicle. Since the upcoming date is only an arraignment, i guess i'm getting ahead of myself, but i want to be as prepared as possible.
 
Yes, you are getting ahead of yourself. At the arraignment, should you be unable to afford private counsel, you will probably qualify for a public defender. Chances are that will mean entering a plea of "not guilty" and then consulting with assigned counsel at a later date.

I'd say your odds are good to get the evidence suppressed unless the officers can convince the court that you gave consent to search the vehicle. Absent consent, they will have to have developed separate probable cause to justify the search.

- Carl
 
Status
Not open for further replies.
Back
Top