Busted for Possession (And I Didn't Have Anything IN My Possession!)

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Busted for Possession (And I Didn't Have Anything IN My Possession!)

Post by wmdkitty on Fri Nov 27, 2009 10:23 pm

So... since when is someone exhaling smoke "possession of an illicit substance"? Seriously, they have nothing but "we saw her exhale smoke."
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Re: Busted for Possession (And I Didn't Have Anything IN My Possession!)

Post by Davelaw on Sat Nov 28, 2009 1:15 am

First) the disclaimer_ I don't practice in your state-so anything I say is an opinion and not legal advice and does not constitute an attorney -client relationship.

Secondly) tell me more

Felony or misdemeanor
did you spend a nite in jail?


were you mirandized or given magistrates warnings and or given the probable cause of the stop?
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Re: Busted for Possession (And I Didn't Have Anything IN My Possession!)

Post by Davelaw on Sat Nov 28, 2009 1:18 am

just based on what you have said so far (very little)

I'm guessing you may been charged with the equivalent of traffic ticket

some municipal jurisdictions do have a class "c" misdemeanor possession for the "mere evidence" of smoke or odor of marijuana

which is punishable by fine only; which is why they can get away with it
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Re: Busted for Possession (And I Didn't Have Anything IN My Possession!)

Post by Davelaw on Sat Nov 28, 2009 1:20 am

Finally, until you reply

This means you now have been tagged by Law Enforcement

from now on; you have to be 100% righteous whenever you venture outside your residence
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Re: Busted for Possession (And I Didn't Have Anything IN My Possession!)

Post by wmdkitty on Sat Nov 28, 2009 3:03 am

Not mirandized. Not arrested. Lectured a little on "just play our game and it'll be fine" and given a ticket with a court date on it.

I expect it to be nothing more than a fine, considering it's my first offense.

I'm looking at it, not so much as a "bad thing", but a learning experience. In that, at least, I have gained something.

This literally JUST HAPPENED TODAY. I'm a little freaked out. But part of me is looking at this as a learning experience, a "won't do that again" thing.

Yeah... I'm going to lay real low for a while, here. Might as well take the time off weed, too. (As soon as I finish what I have.)

The part of this thing that made my freakin' day was that they didn't search me. I actually managed to get away with a chunk. (Suck that, piggies!) I'm somewhat amused by the blatant profiling -- the scruffy guy in ICP gear must be the owner of the pipe and provider of "teh 'nip", cuz he just looks a bad influence.

The cops in this town are so freakin' incompetent, man. Some asshat backs into my brother-in-law's GT, they won't do anything because "it happened on private property." (Haggen's parking lot.) Call in that your spouse is using you as a punching bag, they don't do shit. Drive drunk, get slapped on the wrist and returned to the road. Rape a woman, 6 months. Repeatedly rape a young girl, 5 years. But if you dare to smoke a little cannabis, you get fucked up the ass by the system.

Why do they do next to nothing about the truly dangerous people, the ones who actually harm others with their actions, and crack down on the ones who aren't affecting anyone?

How is my toking up criminally equivalent to, say, stabbing a person? Why does a little smoke warrant a harsher sentence than rape, or domestic violence? How in the hell can they justify prohibiting cannabis, when alcohol has caused more death and destruction than marijuana ever will?
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Re: Busted for Possession (And I Didn't Have Anything IN My Possession!)

Post by sacrificialgoddess on Sat Nov 28, 2009 10:58 am

What does the ticket say on it?
You know, near as I can tell, at least here, it is not actually illegal to test positive for marijuana use. Granted, it wouldn't help your case here, but it isn't actually illegal. Possessing it is the problem. Smoking it is not. Once it is gone, you are no longer committing a crime. The craziness of laws, huh?

Here is what I am basing this on: A friend of mine was having a party a number of years ago. His neighbor hated him and called the cops on him, saying she smelled marijuana. The cops came to the door and asked him if he had any. His response? "Not anymore." The cop left at that point, and no one got arrested.

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Re: Busted for Possession (And I Didn't Have Anything IN My Possession!)

Post by Guest on Sat Nov 28, 2009 11:53 am

This may sound cold. But I am against any & all use of marijuana. And here's why. It was Michael's drug of choice. And every time he got high on it he acted out with violence & sometimes criminal actions. In my opinion it's as dangerous as any other illegal drug. And I base this not only on what I observed with Michael, but also what I've observed in others who've used marijuana.

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Re: Busted for Possession (And I Didn't Have Anything IN My Possession!)

Post by Willowcreek70633 on Sat Nov 28, 2009 12:56 pm

Very Happy Oh Warlord, I must agree w you darlin..an ex young dabbler myself, way back in the day. Hippie I didn't enjoy the drug nor drinking scene at all. Just wasn't my cup of tea, it was boring & most of the stuff (because of me being hyper) didn't have the same affect on me as my friends. $$$ is an issue here also...I don't like throwing MY $$$ out the window!
If you tell the younger ones that when legal the Queen Mum, & Bing Crosby among the masses were "doing coke, dope, & herion" back @ the turn of the last century they'd think it all cool! Cool Wink Pharmaceutical company's came in & bam its $$ maker for big business! Now the $$$ makers are the government, thats why it's not feasible to legalize it. But I see it as legal or not, why put $$ in everyone else's pocket except mine? Of course thats just me. I don't like being a guinea pig for no one. Party2
Bottom line is: I'm just throwed off. You like Gucci, or who ever? You like Walmart over Macy's? You like PC over Mac? Great, go out buy their products & keep feeding their pockets while yours gets smaller. I have final say what my $$ goes to & to who.
Anything that we ingest from foods to other things alters our bodies in some way shape or form. From allergies, or not drinking enough water to being high/drunk! Of course this is just my experiences & my opinions.
On a side note: If they ever legalize it....I used to say I'd be 1st in line to buy a carton! But with my son having problems w drugs (starting w weed) well, I'd still like my $$ in my pocket. Popcorn
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Re: Busted for Possession (And I Didn't Have Anything IN My Possession!)

Post by DotNotInOz on Sat Nov 28, 2009 1:25 pm

I was a regular pot user back in the latter 60's and early 70's partially because I'd researched its effects enough to conclude that it was less harmful by far than booze.

But then, one day I needed to write our phone number on something and struggled for several minutes until I finally recalled what it was. Scared the crap outta me since this was back in the days before cell phones or regular ones that were programmable. It wasn't exactly expected for a 25-year-old to forget her own freakin' phone number!

Anymore, having to be on some heavyduty prescriptions, I'd be extremely wary of possibly nasty interactions if I were to do dope. After all, it's not as though Family Circle or Reader's Digest does a lot of articles cautioning what meds don't mix well with pot. Doubt if Dr. Oz is likely to do regular features on Oprah about such either.

I think anyone taking prescribed drugs runs a notable risk mixing any street drugs with them unless you've a cool enough doctor that you can advise him/her that you need info on known risks of mixing pot with whatever you're prescribed. Definitely a sign I'm an old fart that I no longer think, "WTF, I'll take my chances." I prefer to do what I can to live well for as long as I can. Yep, that's an ol' fart philosophy without a doubt.
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Re: Busted for Possession (And I Didn't Have Anything IN My Possession!)

Post by Davelaw on Sat Nov 28, 2009 2:18 pm

DotNotInOz wrote:I was a regular pot user back in the latter 60's and early 70's partially because I'd researched its effects enough to conclude that it was less harmful by far than booze.

But then, one day I needed to write our phone number on something and struggled for several minutes until I finally recalled what it was. Scared the crap outta me since this was back in the days before cell phones or regular ones that were programmable. It wasn't exactly expected for a 25-year-old to forget her own freakin' phone number!

Anymore, having to be on some heavyduty prescriptions, I'd be extremely wary of possibly nasty interactions if I were to do dope. After all, it's not as though Family Circle or Reader's Digest does a lot of articles cautioning what meds don't mix well with pot. Doubt if Dr. Oz is likely to do regular features on Oprah about such either.

I think anyone taking prescribed drugs runs a notable risk mixing any street drugs with them unless you've a cool enough doctor that you can advise him/her that you need info on known risks of mixing pot with whatever you're prescribed. Definitely a sign I'm an old fart that I no longer think, "WTF, I'll take my chances." I prefer to do what I can to live well for as long as I can. Yep, that's an ol' fart philosophy without a doubt.

Dot, the PDR is online these days and includes reactions with alcohol and illicit substances-why not use what the Dr would use anyway-any reasonable intelligent person can navigate the PDR.
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Re: Busted for Possession (And I Didn't Have Anything IN My Possession!)

Post by Willowcreek70633 on Sat Nov 28, 2009 2:27 pm

Question DAVE? Speak English please! PDR??? Prescribed drugs reaction/research/? Idea
Because of the dabbling, (like Dot) I don't always recall simple things, like (how old I am?)
I wouldn't smoke that stuff they got nowadays...just don't know WHAT all else is in it! I have to have something major for me to take a prescribed medicine, I'd rather "do" natural ways/old ways 1st.
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Re: Busted for Possession (And I Didn't Have Anything IN My Possession!)

Post by gillyflower on Sat Nov 28, 2009 2:50 pm

PDR = Physician's Desk Reference. It is a reference book kept in most libraries.

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Re: Busted for Possession (And I Didn't Have Anything IN My Possession!)

Post by Davelaw on Sat Nov 28, 2009 2:50 pm

WMDKitty wrote:Not mirandized. Not arrested. Lectured a little on "just play our game and it'll be fine" and given a ticket with a court date on it.

I expect it to be nothing more than a fine, considering it's my first offense.

I'm looking at it, not so much as a "bad thing", but a learning experience. In that, at least, I have gained something.

This literally JUST HAPPENED TODAY. I'm a little freaked out. But part of me is looking at this as a learning experience, a "won't do that again" thing.

Yeah... I'm going to lay real low for a while, here. Might as well take the time off weed, too. (As soon as I finish what I have.)

The part of this thing that made my freakin' day was that they didn't search me. I actually managed to get away with a chunk. (Suck that, piggies!) I'm somewhat amused by the blatant profiling -- the scruffy guy in ICP gear must be the owner of the pipe and provider of "teh 'nip", cuz he just looks a bad influence.

The cops in this town are so freakin' incompetent, man. Some asshat backs into my brother-in-law's GT, they won't do anything because "it happened on private property." (Haggen's parking lot.) Call in that your spouse is using you as a punching bag, they don't do shit. Drive drunk, get slapped on the wrist and returned to the road. Rape a woman, 6 months. Repeatedly rape a young girl, 5 years. But if you dare to smoke a little cannabis, you get fucked up the ass by the system.

Why do they do next to nothing about the truly dangerous people, the ones who actually harm others with their actions, and crack down on the ones who aren't affecting anyone?

How is my toking up criminally equivalent to, say, stabbing a person? Why does a little smoke warrant a harsher sentence than rape, or domestic violence? How in the hell can they justify prohibiting cannabis, when alcohol has caused more death and destruction than marijuana ever will?

Its only going to be a fine and not because its a first offense; but because its class "c" misdemeanor-the equivalent of traffic ticket-jail time is only possible for failing to appear

if you had been searched and caught with the chunk-you would have been facing a possible six months in jail (with the fact that you have no record still coming into play)
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Re: Busted for Possession (And I Didn't Have Anything IN My Possession!)

Post by Davelaw on Sat Nov 28, 2009 2:52 pm

Willowcreek70633 wrote:Question DAVE? Speak English please! PDR??? Prescribed drugs reaction/research/? Idea
Because of the dabbling, (like Dot) I don't always recall simple things, like (how old I am?)
I wouldn't smoke that stuff they got nowadays...just don't know WHAT all else is in it! I have to have something major for me to take a prescribed medicine, I'd rather "do" natural ways/old ways 1st.

actually bathtub hydro is much purer than what we had back in the day

and Gilly is correct Physicians Desk Reference-a resource for Dr.'s , Lawyers, and Librarians
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Re: Busted for Possession (And I Didn't Have Anything IN My Possession!)

Post by wmdkitty on Sat Nov 28, 2009 3:36 pm

warlordofks wrote:This may sound cold. But I am against any & all use of marijuana. And here's why. It was Michael's drug of choice. And every time he got high on it he acted out with violence & sometimes criminal actions. In my opinion it's as dangerous as any other illegal drug. And I base this not only on what I observed with Michael, but also what I've observed in others who've used marijuana.

Yeah, the violent reactions are rare, but admittedly do exist. Cannabis isn't for everyone.

I, personally, have never done anything stoned that I wouldn't have done sober... except maybe eat way too much.

I'm not particularly happy about having to quit, but it's more because it's on someone else's schedule, rather than mine. I'd rather do it at my own pace, if that makes any sense at all. And let's face it, I'd like to just sink into the ground and disappear right now.
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Re: Busted for Possession (And I Didn't Have Anything IN My Possession!)

Post by wmdkitty on Sat Nov 28, 2009 3:38 pm

Davelaw wrote:
Its only going to be a fine and not because its a first offense; but because its class "c" misdemeanor-the equivalent of traffic ticket-jail time is only possible for failing to appear.

I plan on appearing. Short of a severe migraine or major snow-dump, I'll be there.

if you had been searched and caught with the chunk-you would have been facing a possible six months in jail (with the fact that you have no record still coming into play)

Bricks were shat.
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Re: Busted for Possession (And I Didn't Have Anything IN My Possession!)

Post by TigersEyeDowsing on Sat Nov 28, 2009 5:41 pm

Pot has a distinctive odor and if you smell it, that's reason enough for probable cause. In NC, a crime committed in an officers presence includes things he can see, hear, smell, taste and touch. If she pulls over a motorist and smells alcohol it's reason for a blood/alc test. If she's walking outside and hears a gunshot inside a house and goes in to investigate (no warrant needed in that case) and walks in on the tailend of a murder, it was committed in her presence regardless of the wall.

On your encounter they had the right/ability to frisk you. They would have seen what was in your pockets. If they'd decided to arrest you, which they could have... but really, they've got better arrests to make than things like that -they would have done a search pursuant to arrest, which would have been a lot more intrusive and thorough. Can't be suitcasing things into jail yaknow. Very Happy

No normal officer in this day and time is going to get a search warrant based on a little pot. They might use that to get a warrant if they expect something else more serious. When they thought I was smuggling coke last winter they might have been concerned enough to get a warrant, maybe not, I don't know.

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Re: Busted for Possession (And I Didn't Have Anything IN My Possession!)

Post by wmdkitty on Sat Nov 28, 2009 8:49 pm

I'll keep you all updated. I don't think there will be much of note until the 7th, though.
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Re: Busted for Possession (And I Didn't Have Anything IN My Possession!)

Post by Willowcreek70633 on Sun Nov 29, 2009 11:17 am

You'd rather slink into the ground & disappear right now???? Such an eye opening, normal reaction! Look at you! What a great step forward!

Look here young lady your not gettting away w that pity party sentence! In the eyes of society you made an error, now there is a consequence. Someone other than yourself is going to judge you. Yo, babe: "Thats life in the big city." If jail time or a blot on paper scares you, well you have hope within yourself of becoming a better person, by your own actions & reactions! Atleast I'm talking to someone thats main line isn't "Fuck it." (That was me back in my young & VERY dumb days).

Kitty? WTH? Aren't you the same Miss Ma'am that wants to get her act together, & wants to quit all the bs games, & wants to deal w people & life on a one on one basis? Your doing so well. Your blossoming into yourself! Well, honey girl....this is YOUR moment you've been waiting & wanting for! I know that this is scary & your mind is wheeling from the b.s. but your learning at your own rate & your own speed. Trust me on this! I love you
Sittin on the side lines watching the game of life unfold, remember, I'm rooting for you! cheers
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Re: Busted for Possession (And I Didn't Have Anything IN My Possession!)

Post by LeahOne on Sun Nov 29, 2009 2:18 pm

warlordofks wrote:This may sound cold. But I am against any & all use of marijuana. And here's why. It was Michael's drug of choice. And every time he got high on it he acted out with violence & sometimes criminal actions. In my opinion it's as dangerous as any other illegal drug. And I base this not only on what I observed with Michael, but also what I've observed in others who've used marijuana.

Alex, I certainly understand your feelings,and to some extent I share them (illegal = not a good idea, because you've got to make contact with criminals to get any...maybe not direct contact, but those are NOT nice people, career criminals).

However, as my DH (who never did ANY kind of mind-altering substance except by prescription and that strictly limited), as he observed "I've never heard of anyone saying "Here, Bubba - hod my joint, and *watch this*!"....

I'm wondering, Alex, if Michael was using other stuff (?amphetamines) along with the pot?

I absolutely agree pot is not 'harmless'. Nor is alcohol. But pot is generally less addictive, IMHO. I've been a 'recreational' user of both, but ever felt a need to remain under the influence for whole days or whatever.... Maybe I just had pot that was very low in THC? There's not a lot of 'quality control' available so it's hard to assess.

If I were WMD kitty, I'd switch to baking it into brownies. Though it was pretty good on pizza, as I recall.....

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Re: Busted for Possession (And I Didn't Have Anything IN My Possession!)

Post by Feinics on Wed Dec 02, 2009 5:17 pm

I gotta say im in the pro camp when it comes to pot!
Not only due I enjoy it from a recreational point of view but I've used it in dealing with medical condition to help me sleep, give me an appetite not to mention it helps with the pain better then any legal painkiller ever has. I've givin up on getting painkillers that are expensive dont work and usually just makes me ill!

I do not by any means like the idea that my money is most likely going to be going to a criminal at some stage and I have to accept responsibility for the fact that it does, even though I've no control over its illegal status.

I agree its not harmless but in most cases not as harmful as most of societies vices. I know from experience if I'm in anyway depressed smokings not good for me but ultimately I think thats up to me to decide and take responsibility for, just I take responsability for much I drink and how I act when under the influence. My recession busting plan wud be to legalise it and tax it Smile Just my two cents.
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Re: Busted for Possession (And I Didn't Have Anything IN My Possession!)

Post by DotNotInOz on Wed Dec 02, 2009 8:22 pm

Personally, I think the U.S. is simply dumb for not regulating the production and distribution of marijuana much as alcohol is regulated.

That way people who want to use it can be more assured that what they're getting isn't laced with something nasty, not to mention that it could be taxed to provide more public-use funds instead of enabling criminals to line their pockets.

Who knows? Maybe the fact that a few states have legalized the medicinal use of pot is the vanguard of full legalization.
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Re: Busted for Possession (And I Didn't Have Anything IN My Possession!)

Post by LeahOne on Wed Dec 02, 2009 10:40 pm

I sure hope I didn't step on WMDKitty's tail by being less than 100% supportive : ((

I AM glad it was 'just a ticket', and hope that nothing worse ever happens to Kitty. I sat and cried for 15 minutes the first time I got a speeding ticket.... that was 15 years ago, and I still remember how humiliated I felt. : ((

And I DO agree about legalization with controls for pot. I'd ALSO like to see a lot more entusiasm for enforcing existing laws against alcohol abuse. Most everyone I know has been hurt by the alcohol abuse of someone in their life.....

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Re: Busted for Possession (And I Didn't Have Anything IN My Possession!)

Post by wmdkitty on Thu Dec 03, 2009 3:33 pm

Nah, it's cool -- if you don't like weed, 's fine by me. I'm not gonna, like, force you to toke up or anything, cuz I believe it's an individual choice.
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Re: Busted for Possession (And I Didn't Have Anything IN My Possession!)

Post by LeahOne on Thu Dec 03, 2009 5:19 pm

Oh, I like weed just fine! It's just not really an option for me while the DH has his current employment - which he really enjoys his career and I'd like to not do anything that he might have to be nervous about.

I wish it were legal, so we could bake my mother some pot cookies, and maybe she'd chill out a bit better : )) I'm sure it'd do more for her fibromyalgia than the NSAIDS she can't take or the other narcotics she is nervous about.

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Re: Busted for Possession (And I Didn't Have Anything IN My Possession!)

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