I'm going to fight the law, will it win...?

[josephjab]

Well I'm sitting at home, should be at school but I am freaking suspended...

The drug dogs came to my school today and took an interest in my car. I said they didn't have my consent to search my car but they said they had probable cause because of the dog's interest so I gave him the keys. He searched and found a razor, cigarette roller, empty resin-filled bags, lighters, seeds, and a little shake from the carpet. I am 18 so the tobacco he also found was disregarded.

The school officer wrote me a ticket for drug paraphernalia only. I argued that it wasn't because those were legal products that I used only for tobacco and that the marijuana that was found must have just been from the other people who have access to my car and that I have no idea where it came from.

They suspended me until they investigated the resin to confirm it is marijuana. I want to argue it in court by claiming I have no idea where the baggies, etc. came from. Do you beleive I will win the case??? Also if I do win will I get my scale, and tobacco products back? haha

[Pinkavvy]

Absolutely not. they are in swiy's car, therefore in swiy's posesion. the posesion law doesn't take into account WHO's drugs they are or WHERE they came from ... if they are in swiy's posesion or in their property then swiy is guilty of "posesion"

swiy COULD have had it thrown out if they stood up for their right NOT to have their car searched, but since they talked swiy into consenting, that's out the window too.

doesn't mean swiy shouldn't try to fight it. get an attorney. never say anything to cops. and NEVER consent to a search, no matter what.

[josephjab]

But I'm nto being charged of Possesion, I'm charged with paraphernalia and that includes things I legally purchased. The seeds and stems and tiny bits of weed they found can't be enough to say my papers, etc. where "drug paraphernalia"

[Nagognog2]

You can be charged with paraphrenalia if you have a screen for a window in your house - if the police search suspecting violations in the drug laws. Anything one owns that is not being used in ways consistent with the intent of the manufacturer becomes illegal - if you are suspected of drug law violations.

As a prosecutor said to one of my attornies: "We can charge anyone with anything anytime we want to. We don't have to prove anything to file charges." The attorney had to admit they were right.

[Alfa]

I was referring to this:

Originally Posted by Nagognog2

"We can charge anyone with anything anytime we want to. We don't have to prove anything to file charges." The attorney had to admit they were right.

I remember reading somewhere that the burden of proof would be with the defendant with drug paraphernalia cases. Nagognog's quote made me wonder about this.

[Pinkavvy]

items that CAN be used as drug paraphernalia IS drug paraphernalia when found with traces of drug use. So yes, the seeds and resin gives them reason to charge you with paraphernalia for your razor blade, etc.

in the future, do not consent to the search, no matter what they say. but sicne swiy was on school property, they would have probably been able to search even without swiy's consent. the consent just makes it easier to justify in court.

when swiy in on school grounds, swiy loses many right that swiy would normaly have.

in the future don't take drugs or paraphernalia to school with swiy. even if it's siting in swiy's car... if that car is parked on school property or property that is often times used for students parked in that school; then that car is subject to search by the police via school permission for any reason at any time and even without reason.

fyi, while AT school or ON school property swiy has very little rights.

[Alfa]

Does that mean that the burden of proof lies with the defendant, not with the prosecution?

[Pinkavvy]

The prosecutions burden of proof is filled when it comes to paraphernalia just by that paraphernalia being near traces of drug, or evidence of drug use. that will stand up in court.

[Pinkavvy]

In the U.S. court system, the burdon of proof is always on the prosecution. But most police departments are like finely tuned machines. They don't like making arrests that are dropped due to lack of evidence, so they have checkpoints in place that the reach before making an arrest. For example, they make sure that there is enough evidence to prove something to be paraphernalia before they make an arrest for paraphernalia. All they need to prove to a judge that something is paraphernalia is the fact that it COULD be used for drug use, and that they can prove that drug was used or was near the paraphernalia.

technicaly they dont have to be able to prove anything to press charges, but for those charges to not be dropped they need to be able to prove.

[greenthumm419]

FWIW they can still charge you with possession for the stems and plant residue. You may want to consider why they targeted your car. If you are known to use and hook people up then there is a good chance they were not walking by randomly when the dog started barking. School administrators may have given the police names of suspected users etc. You should definitely keep a lower profile now because you are on their radar.