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  • The terms of possession?

    Ok, about a week ago I was on a bicycle ride, I saw a few friends that were drinking at an elementary school around 11 p.m. I decided to stop for a minute and say hi. I do not drink and I did even touch a beer. There was a 30 pack out. Bicycle officers came up and my friends decided to throw their beers in a trash can. The officers wrote everyone up including me for "possession of an open alcoholic container on school grounds." I told the officer I did not drink or "possess" any alcohol what so ever. A patrol car even came up as well, and I tried to plead to the officer that I had not been drinking and he said he did not have a breathalyzer test with him. Upon being searched, I had a small amount of marijuana on me. Usually I NEVER smoke, but finals were over and it was actually given to me by a friend for helping him with class. I am not arguing my charges for "possession of marijuana on school grounds" because I did have it on me and I understand it is against the law. Although, I felt the officers had two different versions of "possession." If they can blatantly charge everyone with alcohol, how can they not charge everyone with marijuana? Basically, I am just seeking help for removing the alcohol charges.

  • #2
    Marihuana was present on your person. Open containers were available to all person's present.

    Comment


    • #3
      I understand that they were possibly available, although, I was not written up for "possession of an alcoholic beverage," I got "possession of an open alcoholic beverage" when I did not even possess any alcohol in the first place, Say I would of decided to "dump" the marijuana on the ground and upon the officers finding it, do you think they would of A. Charged everyone with marijuana? or B. Asked whose it was in particular?

      Comment


      • #4
        Possession

        Originally posted by instinctfulidea View Post
        I understand that they were possibly available, although, I was not written up for "possession of an alcoholic beverage," I got "possession of an open alcoholic beverage" when I did not even possess any alcohol in the first place, Say I would of decided to "dump" the marijuana on the ground and upon the officers finding it, do you think they would of A. Charged everyone with marijuana? or B. Asked whose it was in particular?
        Why are you asking for legal advice on a Law Enforcement forum? Essentially, you want us to help you beat the rap. Understand me, I'm not passing judgement on your innocense or guilt, I wasn't there. I'm also not going to second guess the Officers who were present. This much counsel I'll give you. If you feel that you're not guilty of the charge(s), plead "Not guilty", and let a Judge decide.

        Comment


        • #5
          There are two types of possession concrete and circumstantial. Your marijuana was concrete, the alcohol was constructive. You can be arrested or cited for circumstantial possession because it is with in your lunge, reach or grasp.

          I assume by your statements of "finals" and "school grounds" you attend a college that is a dry campus like mine was. My advice? Don't put yourself in such a position.
          Last edited by Redders; 06-03-2007, 03:25 PM.
          Sometimes, doing the right thing means p***ing off the bosses.

          "And shepherds we shall be, for thee my lord for thee."

          Originally posted by dontknowwhy
          I still think troopers and deputies who work in the middle of no where with essentially no back up are the 'men among men' of the LEO world.
          Originally posted by weinerdog2000
          as far as your social experiment, if we cant film you then you cant film us, we will arrest you for obstruction of our freedom.

          Comment


          • #6
            Originally posted by PhilipCal View Post
            Why are you asking for legal advice on a Law Enforcement forum? Essentially, you want us to help you beat the rap. Understand me, I'm not passing judgement on your innocense or guilt, I wasn't there. I'm also not going to second guess the Officers who were present. This much counsel I'll give you. If you feel that you're not guilty of the charge(s), plead "Not guilty", and let a Judge decide.
            Phil, I'm sure the last thing you HATE to hear is another person saying their innocent. I'm sure you hear it all day long, but I admitted to marijuana charges, but I honestly was not drinking. If you were charged for murdering a loved one and did not do it, would you kindly take the rap for it? Of course not, I'm not asking for advice to "beat the rap," I am going to plead guilty for marijuana, a little insight for getting wrongful charges removed is all is asking.

            Comment


            • #7
              Originally posted by instinctfulidea View Post
              Phil, I'm sure the last thing you HATE to hear is another person saying their innocent. I'm sure you hear it all day long, but I admitted to marijuana charges, but I honestly was not drinking. If you were charged for murdering a loved one and did not do it, would you kindly take the rap for it? Of course not, I'm not asking for advice to "beat the rap," I am going to plead guilty for marijuana, a little insight for getting wrongful charges removed is all is asking.
              Sir, I again refer you to my original reply. There is hardly a "connect" between being charged with Minor in Possession, and murdering a loved one. Let's put the melodrama aside, and deal with the advice I gave you. The choice is yours: Plead Guilty, or Not Guilty. As we say in the South, "I don't have a dog in that fight".What that means to you is, I have no personal interest in whether or not the court finds you guilty. I suggest, that whatever your decision, you let the situation be a learning experience for you.

              Comment


              • #8
                Originally posted by Redders4786 View Post
                There are two types of possession concrete and circumstantial. Your marijuana was concrete, the alcohol was circumstantial. You can be arrested or cited for circumstantial possession because it is with in your lunge, reach or grasp.

                I assume by your statements of "finals" and "school grounds" you attend a college that is a dry campus like mine was. My advice? Don't put yourself in such a position.
                I attend a college, but this was at an elementary school by my house. Essentially I was "with the wrong crowd," but I did not think I would be charged for something with out concrete evidence, I spoke with another officer and the advice he had to offer was have everyone present say I was not drinking.

                Comment


                • #9
                  Originally posted by instinctfulidea View Post
                  Phil, I'm sure the last thing you HATE to hear is another person saying their innocent. I'm sure you hear it all day long, but I admitted to marijuana charges, but I honestly was not drinking. If you were charged for murdering a loved one and did not do it, would you kindly take the rap for it? Of course not, I'm not asking for advice to "beat the rap," I am going to plead guilty for marijuana, a little insight for getting wrongful charges removed is all is asking.
                  You won't get it, that's not what we do here. The insight I've given you is the reason that you were cited. I don't have to smell the odor of alcohol on you to cite you simply being there is enough.

                  Ever wonder on COPS why everyone in the car goes to jail for the dope when no one will take the rap because everyone has constructive not concrete possession.
                  Last edited by Redders; 06-03-2007, 03:27 PM.
                  Sometimes, doing the right thing means p***ing off the bosses.

                  "And shepherds we shall be, for thee my lord for thee."

                  Originally posted by dontknowwhy
                  I still think troopers and deputies who work in the middle of no where with essentially no back up are the 'men among men' of the LEO world.
                  Originally posted by weinerdog2000
                  as far as your social experiment, if we cant film you then you cant film us, we will arrest you for obstruction of our freedom.

                  Comment


                  • #10
                    Originally posted by instinctfulidea View Post
                    I attend a college, but this was at an elementary school by my house. Essentially I was "with the wrong crowd," but I did not think I would be charged for something with out concrete evidence, I spoke with another officer and the advice he had to offer was have everyone present say I was not drinking.
                    Get a better crowd, have more common sense. In todays world the last place I would be with a 30 pack is an elementary school.
                    Sometimes, doing the right thing means p***ing off the bosses.

                    "And shepherds we shall be, for thee my lord for thee."

                    Originally posted by dontknowwhy
                    I still think troopers and deputies who work in the middle of no where with essentially no back up are the 'men among men' of the LEO world.
                    Originally posted by weinerdog2000
                    as far as your social experiment, if we cant film you then you cant film us, we will arrest you for obstruction of our freedom.

                    Comment


                    • #11
                      Originally posted by PhilipCal View Post
                      Sir, I again refer you to my original reply. There is hardly a "connect" between being charged with Minor in Possession, and murdering a loved one. Let's put the melodrama aside, and deal with the advice I gave you. The choice is yours: Plead Guilty, or Not Guilty. As we say in the South, "I don't have a dog in that fight".What that means to you is, I have no personal interest in whether or not the court finds you guilty. I suggest, that whatever your decision, you let the situation be a learning experience for you.
                      I am not a minor and was not charged for minor in possession, I obviously can tell you do not care if I get charged or not which is why I first asked for HELPFUL advice, telling me to plead not guilt and "see what happens" does not benefit me at all. By you choosing to waste your time and mine by responding with meaningless posts defeats the entire point of this forum. Thanks

                      Comment


                      • #12
                        Originally posted by Redders4786 View Post
                        Get a better crowd, have more common sense. In todays world the last place I would be with a 30 pack is an elementary school.
                        I know, but I'm not seeking moral advice here. I stopped hanging out with them a long time ago. I just graduated with an AA degree and I'm transferring to a 4 year school in the fall. I know how to decipher from right and wrong. But I appreciate your definitions and help, thank you

                        Comment


                        • #13
                          Originally posted by instinctfulidea View Post
                          I know, but I'm not seeking moral advice here. I stopped hanging out with them a long time ago. I just graduated with an AA degree and I'm transferring to a 4 year school in the fall. I know how to decipher from right and wrong. I'm just trying to get some help here.
                          You've been given the help you would get. As I explained why as to your question of your possesion of an alcohol container. Now go to court, take your local officer's advice and have the others present tell the judge you weren't drinking and see what the judge says.
                          Sometimes, doing the right thing means p***ing off the bosses.

                          "And shepherds we shall be, for thee my lord for thee."

                          Originally posted by dontknowwhy
                          I still think troopers and deputies who work in the middle of no where with essentially no back up are the 'men among men' of the LEO world.
                          Originally posted by weinerdog2000
                          as far as your social experiment, if we cant film you then you cant film us, we will arrest you for obstruction of our freedom.

                          Comment


                          • #14
                            Originally posted by Redders4786 View Post
                            You've been given the help you would get. As I explained why as to your question of your possesion of an alcohol container. Now go to court, take your local officer's advice and have the others present tell the judge you weren't drinking and see what the judge says.
                            Thank you for your help

                            Comment


                            • #15
                              Originally posted by instinctfulidea View Post
                              I am not a minor and was not charged for minor in possession, I obviously can tell you do not care if I get charged or not which is why I first asked for HELPFUL advice, telling me to plead not guilt and "see what happens" does not benefit me at all. By you choosing to waste your time and mine by responding with meaningless posts defeats the entire point of this forum. Thanks
                              Well, Young Man, You're correct about one thing. I don't care about you being charged. It would be difficult for me to care less than I do. You asked a question, you got an answer. The fact that you neither liked, agreed with, or appreciated the answer, is of no concern to me. Now, here's a point of law that you in your youthful self pity, obviously don't know. If you elect to plead "Not guilty", you then have a chance to present your side of the story to the court. It's a crap shoot. There are no guarantees the court won't find you guilty. It's a shot, and that's all you get. Now, I don't know if that counts as "HELPFUL" advice or not, and as I stated, I really don't care. In parting, here's another bit of advice. Be a little bit careful of who you hang out with. One more thing. At your tender age, and insignificant level of experience, you're far from qualified to judge the quality or usefulness of this or any forum .

                              Comment

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