Extremely unhelpful police in Charleston WV

[Carbonfiberfoot]

[So Fla Cop]

Well at least they didn't put her in a "choke hold".

[jdthor]

or hold her down to cuff her,oh yea,she didnt resist even high

[btfp]

This could get tossed. This should get tossed. A first year law student can take care of this.Let her plead to public intox and misuse of 911. You have no evidence. Her "confession" was when she was not in the right state of mind.

[NoWingedAngel]

This could get tossed. This should get tossed. A first year law student can take care of this.Let her plead to public intox and misuse of 911. You have no evidence. Her "confession" was when she was not in the right state of mind.

So if I pull someone over who has clearly been drinking and they tell me that they're too drunk to drive, I should just call them a ride? In my state, being intoxicated is only a defense if it's involuntary.

O.C.G.A. 16-3-4
16-3-4. Intoxication

(a) A person shall not be found guilty of a crime when, at the time of the act, omission, or negligence constituting the crime, the person, because of involuntary intoxication, did not have sufficient mental capacity to distinguish between right and wrong in relation to such act.

(b) Involuntary intoxication means intoxication caused by:

(1) Consumption of a substance through excusable ignorance; or

(2) The coercion, fraud, artifice, or contrivance of another person.

(c) Voluntary intoxication shall not be an excuse for any criminal act or omission.

[btfp]

Not in that situation. ^^^^^^^^^^^^^^ However if someone comes to you and says Glen stole my pot and i want it back, they can get hooked for misuse of 911 or public intox. There is no pot as evidence. Glen is not going to confess to it. How can you make that charge stick when there is no illegal drugs found?

I'd only lock em up for what I could prove. Some brain phart complaining another doper took their weed is not going to get a possession conviction. What if the defendant denies it in court or says he was only pranking the cops cause he got put up on a dare? You never saw the drugs, and your complainant is not going to be that stupid to admit they had the drugs in open court. ( if they do, it's a different story).

[SgtScott31]

They way I read it the story doesn't indicate where the LEOs found the drugs. It just says they found the drugs and charged her with possession.

[Scott941]

[PtownVAMike]

Yo wasteoid! You're not gonna blaze up in here!!

[chapwolfe]

Um... stupid is as stupid does?

I'm sure the paper didn't print the whole story.

[Langford PR]

**** poor writing at that newspaper.

Here in Colorado the whole thing would be communal property and a civil dispute. (Sheez )

[UglyMug21B]

@bftp - How? How do you know she's high? The article, which doesn't appear to be very professionally written (See the "Dope" comment under the mugshot) calls her "dopey" - it's just as likely they're calling her stupid as they are saying she was high. It doesn't say she's high when she called. She voluntarily called the police and told them her marijuana was stolen. She admits to having a certain amount of marijuana which the police then help her find and she gets to go to jail for being a moron.

The evidence is the found marijuana. The confession is a freely made statement over the telephone which she could have hung up at any time. Unless there's other information, this seems like an easy case of too stupid to not go to jail.