marijuana and parephenelia, if he was arrested after being pulled over for tint that wasnt even illegeal, then being arrested for not having contacts lenses in and having the car searched incident to arrest? Would you convict this person. Please think clearly about this or ask me for more info
2006-08-25 05:28:50 · 15 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
OOO hell yes, and brag on the way home
2006-08-25 05:40:03 · answer #1 · answered by b_richardson2002 1 · 0⤊ 0⤋
No...............if the tint of the windows was ruled that it was not illegal, then I don't believe that any search of the vehicle thereafter would be a legal search. There's always ways around this for the law but I really don't believe it to be legal for them. The actual stop can be ruled illegal..but not having contact lenses in, even if they didn't originally stop the person for this, can still get the person in trouble and I'm sure the law would use loopholes to make it as if they stopped the person for this.
It also depends on how much marijuana.......if it's under the amount that would count as "possession with the intention to distribute" it's not going to be a harsh sentence if the person is even found guilty. If it is enough to say that they were going to distribute, especially if they are in a school zone while driving (and it's VERY hard to not be in a school zone) the jury will have a harder time to say that the person is not guilty, because of the stigmas of drug dealers selling to children. The minimal penalty for that is pretty big....it's at least 2-3 years depending where you live, as well as a pretty big fine. So if this is a bench trial then it depends on all of that...as well as if you can get a good lawyer.
My friends that have had charges similiar to that didn't get a bench trial, they went before a judge, and got community service. It was underage drinking in a car though......so not too sure.
Good luck.
2006-08-25 05:40:06 · answer #2 · answered by Anonymous · 0⤊ 0⤋
First, where he works is not relevant.
Second, if the stop was based on reasonable suspicion of criminal activity, even if it was a pretext, the stop is legal. If there was no reasonable suspicion, then the stop was invalid and nothing else afterwards matters.
Third, if he wasn't wearing corrective lenses (contacts or glasses) and his license required him to, that's grounds for arrest for violation of motor vehicle laws. If no laws were broken, then the arrest isn't valid, and nothing else afterwards matters.
There is no authority to search incident to arrest. The authority is search incident to a *lawful* arrest. If the arrest was not lawful and valid (see above), then the search is invalid.
I'm assuming the drugs and paraphernalia were found during the arrest.
On a jury, most people would convict because the potential illegality of the stop, arrest and/or search wouldn't matter. But it would only get to a jury if the judge determined the stop, arrest and search were valid.
2006-08-25 05:31:16 · answer #3 · answered by coragryph 7 · 0⤊ 0⤋
Yes. The person CLEARLY violated several laws including driving with your eyewear and possessing weed and paraphernalia. IF the defendant can prove that the stop was totally illegal, I might be willing to lessen the charges or sentence (if that were one of the options) but this person has obviously broken the law.
I gotta say, I'm more mad about driving without contacts as that is actually quite DANGEROUS to everyone else on the road.
2006-08-25 06:58:48 · answer #4 · answered by Goose&Tonic 6 · 0⤊ 0⤋
What does working at Dell have to do with it?
Arrested for not wearing your contacts?...but not "arrested" for marijuana possession? yet he was charged?...sorry, that dosen't make sense.
Cop thought he had just cause to search...or it was in plain sight..regardless,an illegal search is difficult in not impossible to prove(though it has been done).. the courts tend to side with police officers on this issue.
2006-08-25 06:00:46 · answer #5 · answered by lethallolita 3 · 0⤊ 0⤋
can you be arrested for not having your contact lenses in? that sounds weird but other than that, yes I would convict him. i would hope the judge would go light on the sentencing since he is a college student.
2006-08-25 05:33:08 · answer #6 · answered by Niecy 6 · 1⤊ 0⤋
it is illegal to possess the substance you should own your stuff. if i were on the jury you would be innocent. to many people that get caught possessing drugs will snitch someone else out so they don't have to own their ****. either don't do drugs, or be more responsible and take care of your stuff. cops are almost always wrong in searching cars. we are not to feel safe we are to have fear.
2006-08-26 02:54:06 · answer #7 · answered by nellie 3 · 0⤊ 0⤋
if you were in possession of the illegal stuff, youre guilty, regardless of the reason you were originally pulled over. and i have to go in for jury duty later this month...i hope they dont pick me but if they do guilty is guilty!
2006-08-25 05:36:41 · answer #8 · answered by ♥love2havefun♥ 3 · 1⤊ 0⤋
yes, I think it is retarded that people can get away with commiting crimes just because police didnt follow an exact procedure. If the person is guilty, they are still guilty no matter how authorities found out about it.
2006-08-25 05:31:47 · answer #9 · answered by Anonymous · 1⤊ 0⤋
Unfortunately, by the letter of the law, yes. But if I were on the jury, no.
2006-08-25 05:31:09 · answer #10 · answered by Blunt Honesty 7 · 0⤊ 0⤋
All of the other stuff doesnt matter. He had marijuana and that stuff is illegal. He should be convicted.
2006-08-25 05:37:28 · answer #11 · answered by robbet03 6 · 0⤊ 0⤋