simple posession. questionable tactics
This is a discussion on simple posession. questionable tactics within the Drugs Charges forum, part of the Arrests, Searches, Seizures category; I went on a tubing trip where you arrive at the end and are bussed by the owners to the ...
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#1 |
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I went on a tubing trip where you arrive at the end and are bussed by the
owners to the drop off point. At the drop off point, before anyone got off of the bus, the narcotics unit took all of the coolers off of the bus and searched through them. I was never asked if I would consent to a search. As well, I never signed any papers to go on the trip. In my cooler, they found a joint in a cigaratte box wrapped in two plastic bags along with a camera, some keys, etc. I was charged with misdemeanor simple possession of marijuana. My court date is sep. 9th and I am about to move to california to attend graduate school, which starts Sep. 18th. I have been told by a lawyer that this was an illegal search but I will not have time to challenge the charge and come back to court from California unless the case is heard that day. Do you think that this was an illegal search and is there a chance that I will not be allowed to go to graduate school? I have no prior convictions for anything and I can provide more circumstantial details if necessary. Thank you. |
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#2 |
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Come on... no one knows the answer? pretty please? I'm trying to go to graduate school here.
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#3 |
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Veteran Member
Join Date: Jun 2008
Posts: 326
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I will hazard a guess... guadalupe river, comal county
Since it was a traffic stop and the contraban was on the bus, the bus should have been seized. Can you smell setup? Otherwise probable cause and specific search warrant. Like shooting fish in a barrel. You should have walked away and kept walking. Hire a local att. tell him to get a deal, have cash ready lots of it. The county just loves summertime. |
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#4 |
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I disagree with Postman on the bus seizure. This was a paid trip, making the bus fall under the definition of a charter bus. Since the bus was hired as transportation and was not the owner's property (did not belong to the possessor of the drugs), it should not fall under seizure laws.
Was this a class trip, a club trip? Someone from the group had to sign some papers to schedule this trip. Have your attorney see what papers were signed. It may have been a waiver for the group. Additionally, this was a misdemeanor. Possible penalty is probably only a small fine. |
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#5 |
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The trip wasn't a part of any class or other sanctioned entity. A few of my friends and I just went tubing because it was a nice day. No papers, waivers or any other kind of legal document. There were a few warning signs hung up around the home base but they all dealt with issues like glass bottles, public nudity, not responsible for stolen property, etc.
I have hired a lawyer who suggested that it was an illegal search but again, I need to leave to go to graduate school so we can only contest the charge if the case can be heard the same day. If it is ruled an illegal search, can I sue for court / lawyer costs? if that's the case, it may be worth it to fly back from cali. Also, if I contest the search, do my friends have to come testify or can they submit sworn statements? FYI, this happened in St. Charles parish in LA, not in Comal county Texas. Though it sounds like police don't have anything better to do in either place |
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