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View Full Version : Mairijuana Possession/Paraphenilia in Ohio


truorion
2008-11-16, 19:42
Well, I got busted. That's the short story.

The long story is a bit more interesting.

I'm a college student here in Kent, Ohio. There's a lot of stoners here, but what do you expect, it's a college campus. So one day I get out of class early, and decide to.. get drunk at 3 p.m. Well, I drank myself retarded on Sailor Jerry's rum, and passed out probably around 8 p.m. I woke up around 3 a.m to two of my friends sitting in my room, also drunk as fuck. I asked what they were doing here, since they lived an hour away.. and they said they were about to roll up a doob for each of us. I liked that idea.

I didn't realize it was 3 a.m since I had passed out much earlier, and started playing my music loud and enjoying myself, as drunk as I still was. The next thing I heard was POUNDING on my door, and thinking "shit, is it really 3 a.m?, fuck, it's probably my neighbor being pissed off", I answered without even looking. It wasn't my neighbor, but instead 3 po-pos, all dressed in black. I stepped outside to talk to them, and pulled the door behind me. Before I could close the door, the cop stuck his foot in the doorway so I couldn't close it.

He told me they came for a noise violation, but now we had a bigger problem. He said he smelled pot and wanted to know who had it. I replied "No one has pot, officer, you must be mistaken". He came back with "Then you wouldn't mind if I stepped inside to take a look around, then?". I resisted with "Yes I do mind, you have no reason to go inside."

We bullshitted back and forth, and I would not give him permission to enter ( I was still pretty fucked up, and now I was also ripped off my ass.) Eventually the cop broke it down like this:
"We can do this the easy way, and you let me inside, I confiscate the pot and I write you a couple tickets, or we can do it the hard way, and someone's going to jail tonight."

At this point I lost my grip on what my rights are, and wasn't sure if he had something on me that I didn't know. He told me "Unless you have something worse in there, you've got nothing to worry about." So, I decided getting a ticket is better than going to jail, and I let the fucker in. He found the stem.. all that was left of the pot. The burnt joint papers, with no weed. Then.. he found my homemade porcelain bong. He kept his word, no arrests, but then I got the worse of two charges.. marijuana paraphernalia.

In Ohio, possession of paraphernalia (and I think it doesn't matter the type), results in an ability to sentence 30 days in prison and 6 months driver's license loss.

Now I've got court on Tuesday, and I cant decide which way I should go with this.
1.) Since it's my first charge with no prior record, I use my keen speaking ability and try to lessen my sentencing with a "no contest" plea and a long explanation of my fucked up life.

2.) Get a lawyer, and possibly fight the fact the cop first entered without my permission by putting his foot in my door so that I could not close it. Or, by the magic of attorney.. somehow get the charges lessened so I don't lose my license.

whocares123
2008-11-16, 22:04
Hey I live in Ohio too. You from Kent or another town?

I don't know dude. You did give him permission to come in, whether he confused you or not. I would talk to an attorney, at least for a free consultation. Totse isn't really qualified to help you, ya know?

One thing to consider, this is what a university cop told me (I go to OSU). He said when he catches students on campus smoking weed, they tend to think it's not a big deal because it's just a ticket. But then he tells them how a drug conviction can cause you to lose all of your financial aid, and if you were ever planning to be a school teacher, disqualify you from that. I don't know how much that is enforced, but he was just telling me, not lying or threatening me. Just something to consider, I'm not trying to freak you out. Again, talk to an attorney. Kent State's website should have some info on what, if anything, they do to people with drug violations.

J-Beth
2008-11-17, 01:04
Alright in short what you have done is fucked up, because YOU (you stupid fool), said "yes you can come in". That is the short version and you should be pissed off at yourself for this. If this ever, ever happens again, DO NOT LET THOSE MOTHERFUCKERS IN YOUR RESIDENCE, no matter what bullshit they tell you.

Now to help you a little bit, maybe.

First off if you state is like mine, they may have a "first offender" type of status for marijuana possession. Basically you get charged with your possession or w/e and they make you do community service/probation/drug testing/take license away and they after a year or two it gets clear from your record. You should see if ohio has this law.

Second off, get an attorney regardless, it can only help and wont hurt you.

Once you get an attorney, hes probably gonna want you to plead no contest based on the fact that YOU WILL NOT BE ABLE TO GET THIS DISMMISED, because you did infact give the police permission to search. This is where you fucked up. The lawyer is going to help you out and probably get your sentening lessened and mabye one of your charges dropped. GET a lawyer, and go from there.

And seriously when people say dont give the cops permission to search they have not right this is in fact the reality. I too have been arrested for possession of marijuana. The situation was that I was walking down the street and was stopped because I had a backpack on (It was late sat. night), and the cop assumed i had beer. I told him no I didnt. Kept walking, he kept talking to me. I took my backpack off held it infront of me shook it and then he place his hand on it and took it from me. Searched found my 2 grams of weed, and arrested me.

Now when this went to trial (I had an lawyer) it was dismissed on the grounds that my 4th amendment (search and seizure/ right to privacy) was violated by this officer. The judge said the officer had no probable cause to search me, and then had no permission to go in my bad and my charges were dropped. I did in fact have an illegal substance but it was nullified by the illegal procedure preformed by the cops.

The moral of this story, and your story is that no matter what, NEVER EVER give persmission to be searched, in person or property. If they are asking, that means they have nothing on you. The judge will uphold your constitutional rights if they are violated.

If you have another encounter do this.

1. First off keep your cool and dont be an aggressive asshole. Not that you did or anything but in many places even cursing at a police officer can get you charges

2. Ask why you are being stopped. Exactly like that, why am i being stopped? If they have no reason, or make up something that sounds like bullshit, ask ok then am I free to go? Keep saying this becasue chances are they are just trying to trick you into being searched.

--this is where shit gets real--

3. If the police wont let you leave, or in your case wouldnt let you back in your apartment/room still do not allow them to search you. They are detaining you but still may not have anything on you.

4. Dont answer there questions.

Sorry for this being so long, hope it helped and in the end get a lawyer.

**When i was tying in caps i wasnt trying to be an ass, i just hate that this shit happens to people (kids) all to often, its fucked up.

republic
2008-11-20, 08:37
The ACLU produced a very good instructional video on how to deal with cops in these situations. If you haven't already seen it.

Azure
2008-11-20, 14:50
I thought the cops there just shot people...:confused:

Jazzy_Ways
2008-12-22, 19:43
The ACLU produced a very good instructional video on how to deal with cops in these situations. If you haven't already seen it.

http://uk.youtube.com/watch?v=yqMjMPlXzdA


Flex yo rights fool
Mr T.