gman67
New Member
metmike said:
The best advice is to just talk to a lawyer in your area. Give him the details, he'll be able to help you out alot more than we can.
MESO-Rx
Anabolic Steroids
Need Help!! Got busted with a bottle!!!!!!
- Thread starter bigmike
- Start date
The best advice is to just talk to a lawyer in your area. Give him the details, he'll be able to help you out alot more than we can.
panteracfh
New Member
the test isn't really a problem... the little bit of weed is probly worse than that... and you shouldn't said it was anything anyways... either way your probly fine... if it was that bad you would be sitting in jail or out on bail right now... 
Why did the cops show up at the door?What was thier for being there?What is your definition of a pinch or two of weed?Are you saying they searched an apartment,confiscated a firearm and drugs without a warrant and did not arrest anyone?I'm not say I don't believe you,in fact I do belive you, but its just freaky that all that happened and no one went to jail for something.You should sue them for harrassment.
mesomember
New Member
Mr Kent said:
Not that it matters now, but smelling weed gives probable cause to search your car not your home, where there are more restrictions: If the door was open and the marijauna was in plain view they could sieze it but no way they could search your home.
Although smell,hearing or touching is a situation where the fourth admendment defense is not applicable; If no permission was given to search and they searched anyway then the police violated the 4th admendment which means it will poision or "taint" evidence obtained later in the same investigation. WONG VS UNITED STATES
Be advised you may be charged (unlikely) as you had access to the item as well, but only your friend has STANDING meaning only a person who can even complain about alleged police violation of the Fourth admendment is a person whose own and legitimate expectation of privacy was intruded upon. This means that the person must have authority, dominion, control, and access to the place or item searched. Property rights are a factor in determining expectation of privacy, but not the only factor. Im sure the cops were nonchalant about it and said " you probably will only get probation beacuse they want your cooperation" he (your "friend") should have told them to get a warrant and salmmed the door then flushed everything. Hindsight is 20/20.
As far as prosecution the DA is usually so busy (if you live in a big city) that they will deny or dismiss the charges or worse case scenario plea. If they set it for Plea have your friend asked for a deffered sentance/conviction so he doesn't have a felony conviction on his record, otherwise kiss carrying a concealed firearm goodbye forever! If convicted 1-3 years Probationw/ suspended commitment and drug counseling/evaluation for treatment which he pays for it could cost around $1000-5000 grand when all is said and done.
cinnabar8521
New Member
You never should have let them in, probable cause is easy to get thrown out, thats why when they had weed in their hands they went to get the search warrant, they wanted to make it legal at that point, my lawyer would blind folded that cop on the witness stand and say alright mr. piggy what do you smell here? A skunk or some weed? yeah I didn't think you would be able to tell the difference blindfolded, but they could have got the warrant right up front, but at least you didn't help them seal your own case.
weed worse than test?? that's ridiculous. steroid possession is a FELONY. any amount of weed under 20 grams in almost all 50 states is a misdemeanor. and if it was a pinch then you should have either flushed it or eaten it. learn the laws bro, it sounds like you might escape this one but if you keep on doing stupid shit like not knowing your rights and consenting to a search then who knows....maybe next time will be the big bust and not a slap on the wrist
Baby Faced Assasin
New Member
"If the door was open and the marijauna was in plain view they could sieze it but no way they could search your home."
Wrong. Once we establish PC We are allowed to make warrantless entry into a residence if
1. We are in pursuit of a fugitive or fleeing suspect and saw him enter the dwelling -or-
2. In the case of smelling marijuana we may enter the dwelling due to the risk of destruction of evidence if we waited to get a search warrant is a active qualifier under the Statute.
You best plan of attack is What was the reason the cops were there in the first place. Was there a noise complaint??
I still cant fucking believe they STILL went and got a warrant because they found a little weed.
No joking at all, I would have been laughed out of the magistrates office if i tried to obtain a warrant based on those circumstances.
If ya need any advice just hit my e-mail.
Wrong. Once we establish PC We are allowed to make warrantless entry into a residence if
1. We are in pursuit of a fugitive or fleeing suspect and saw him enter the dwelling -or-
2. In the case of smelling marijuana we may enter the dwelling due to the risk of destruction of evidence if we waited to get a search warrant is a active qualifier under the Statute.
You best plan of attack is What was the reason the cops were there in the first place. Was there a noise complaint??
I still cant fucking believe they STILL went and got a warrant because they found a little weed.
No joking at all, I would have been laughed out of the magistrates office if i tried to obtain a warrant based on those circumstances.
If ya need any advice just hit my e-mail.
Baby Faced Assasin
New Member
"he (your "friend") should have told them to get a warrant and salmmed the door then flushed everything. Hindsight is 20/20"
hindsight reveals you did the right thing. Attempting to slam the door once the officer had formed a opinion that a scheduled substance was being used in the houseIt would have turned into a struggle at the door which would have led to everybody face down in cuffs, and i can promise ya somebody would have gone to jail.
If i was the responding OFC i would have just wrote the homeowner a citation for Misdemeanor Poss/of schedule 6. And "dropped" the bottle of test or pushed it to the back of the cabinate if i was the was searching it.
hindsight reveals you did the right thing. Attempting to slam the door once the officer had formed a opinion that a scheduled substance was being used in the houseIt would have turned into a struggle at the door which would have led to everybody face down in cuffs, and i can promise ya somebody would have gone to jail.
If i was the responding OFC i would have just wrote the homeowner a citation for Misdemeanor Poss/of schedule 6. And "dropped" the bottle of test or pushed it to the back of the cabinate if i was the was searching it.
Baby Faced Assasin
New Member
"Although smell,hearing or touching is a situation where the fourth admendment defense is not applicable; If no permission was given to search and they searched anyway then the police violated the 4th admendment which means it will poision or "taint" evidence obtained later in the same investigation. WONG VS UNITED STATES"
While this is case law, it has been mis-understood.
No situation in law enforcement is black and white, right or wrong. It is a realm of gray areas. Im not familier with the "wong" case as i've never heard it called as a defense to dismiss a case. I cant tell ya the number of parties of been called to where i could smell weed, so i started asking who's house it was after i knocked. (in party situtations everybody always turns dumb, "gee i dont know who's house this is") But to make a long story short they've tried to say i had no PC to enter the residence based on me smelling weed that could have come from anywhere, however, using the reasonable person standard my charges have been upheld each time (and convicted)
My advice to you bro's is DO NOT GO TO THE FUCKING DEA OR OTHER GOVERNMENT WEBSITE AND START TRYING TO INGRAIN STATUTES AND LAWS THAT YOU WILL NOT BE TRIED UNDER IF YOUR BUSTED!!!
Learn your own states laws as thats what you'll be charged under if your cuaght with any substance unless its in un-friggin-real amounts. (then the feds may grab it or the locals may turn it over.)
Meso-Member, im not pickin on your post at all. You had just given out some advice that may have caused some bros more harm than good in the future.
(i.e; slam the door and flush the evidence) Woo-hoo now you've got a RDO (resist,Delay,Obstruct) charge)
Im just trying to give a little insight into how the laws apply based on real world experience as a Officer, so you guys can better arm yourselves.
~~BFA~~
While this is case law, it has been mis-understood.
No situation in law enforcement is black and white, right or wrong. It is a realm of gray areas. Im not familier with the "wong" case as i've never heard it called as a defense to dismiss a case. I cant tell ya the number of parties of been called to where i could smell weed, so i started asking who's house it was after i knocked. (in party situtations everybody always turns dumb, "gee i dont know who's house this is") But to make a long story short they've tried to say i had no PC to enter the residence based on me smelling weed that could have come from anywhere, however, using the reasonable person standard my charges have been upheld each time (and convicted)
My advice to you bro's is DO NOT GO TO THE FUCKING DEA OR OTHER GOVERNMENT WEBSITE AND START TRYING TO INGRAIN STATUTES AND LAWS THAT YOU WILL NOT BE TRIED UNDER IF YOUR BUSTED!!!
Learn your own states laws as thats what you'll be charged under if your cuaght with any substance unless its in un-friggin-real amounts. (then the feds may grab it or the locals may turn it over.)
Meso-Member, im not pickin on your post at all. You had just given out some advice that may have caused some bros more harm than good in the future.
(i.e; slam the door and flush the evidence) Woo-hoo now you've got a RDO (resist,Delay,Obstruct) charge)
Im just trying to give a little insight into how the laws apply based on real world experience as a Officer, so you guys can better arm yourselves.
~~BFA~~
Last edited:
Desibaba
New Member
Baby Faced Assasin i had one question for ya.I am here in ft lauderdale,Florida and both on the streets and in the gym i have seen some huge, veiny cops. As you might know ronnie coleman won the Mr Olympia 3 times while being a police officer.Does the average cop really want to bring down the overall law abiding citizen who pays his taxes, follows the rules but only wants to improve his own body.I mean i have seen cops who look juiced to the gills but i dont think they ever get in trouble with their departments even though its so obvious.Personally i dont blame them for it.If i was a cop or a firefighter and i was putting my life on the line on a daily basis i would wanna be as strong as possible too. What do you think about this?
mesomember
New Member
Baby Faced Assasin said:
You made many good points points, Each state is different and search and seizure has many gray areas...I meant slam the door and flush the contraband as I assume the officer had no PC in the first place, DId he smell it outside the apartment? I'd take an obstructing mis charge ( in this state)over Felony poss. of controlled substance any day. They could have easily locked the door and disposed of the evidence and as they were not in pursuit of a fleeing felon/fugitive I don't think they would bust the door in. Obviously were missing much information, namely why were the cops there in the 1st place. Your right I should probably not reccomend slamming the door and flushing, but that is what I would have done. I admit It's been a while since I've been to the academy, but from my "training and court experience" this charge could easily be dismissed based on the limited information I've been provided. No offense taking here..I just can't believe how unaware some folks are of their rights when they deal with gear, weed and things that can really screw their lifes up. I would never keep gear in my own home. Your feedback was appreciated I guess I was ranting a bit and should have clarified more.
Pieces of most of the advice given are pretty accurate however, thanks to New Federalism each state is able to form more strict rules for federal statutes that have been signed as law. Therefore, it would be hard for anyone to give advice unless they are fimiliar with your states laws. The fourth amend. protects citizens of this country against UNREASONABLE governmental searches & seizure. I capitolized UNREASONABLE because that is going to be the arguing factor, what is unreasonable? That argument is for a suppression hearing and will be determined by a judge. As stated above, the immediacy of the search coupled with the likelyhood that evidence could be destructed are factors in the senario. Did the officers have knowledge that there was contraband in the house? Did the police department receive a crime tip about the use of the substances in the house? This makes a difference.
The fact that the officers smelled marijuana is not a clear indication of a search of the residence however, if the officer asked where the rest of the weed was and you lead him to the back room where the weed was than, anything that they observed during that process would probably be good . Things to remember (at least in my state) if an officer is lawful in an area / home and observes something illegal which he IMMEDIATELY recognizes as contraband than, the seizure would be good for the purposes of the 4th Amend. The odor of marijuana as I said is not enough for a search of a residence (a vehicle yes but not a residence) however it is enough for an officer full of piss and vinegar to secure the residence and articulate in an application for a search warrant that he believes that there is probable cause that there is contraband located witin the house. It would be up to a judge to decide whether he / she agrees with the information in the officers application and grant the Search Warrant.
Keep in mind also that, in some states an application for a search warrant is a very simple procedure and the search warrant can be issued on somewhat gray terms, such as PA (which thank god, I dont live).
In my state you need very strong probable cause as well as detailed information about the specifics of the search that will take place if the warrant is issued. You also need to spell out very clearly what you hope to recover as contraband.
As you can see, this topic could go on forever. It really depends on your state laws and the procedure of your local Police Department. To say that you will be charged or will not be charged is unfair because it is a guess.
There is something called "constructive possession" which simply means, that you had the ability to access the contraband. Constructive possession seems to fit in your situation and you COULD be charged.
I wouldnt spend your money on an attorney until you learn that charges have been signed against you, what's the point.
PS. Destructing evidence is rarely effective once the police have arrived. It usually means that additional charges will be filed for tampering / destruction of evidence, Obstructing an Investigation, Hindering Apprehension as well as the original charges. In the big picture the police are not completly stupid, eating drugs is usless anymore, blood tests and detainment until you shit the drugs out are possibilities with a court order. Then you just added more charges for trying to be a wise guy.
Once this stuff goes to court, as long as your not a repeat offender, things usually work out pretty good.
Hope my two cents help.
The fact that the officers smelled marijuana is not a clear indication of a search of the residence however, if the officer asked where the rest of the weed was and you lead him to the back room where the weed was than, anything that they observed during that process would probably be good . Things to remember (at least in my state) if an officer is lawful in an area / home and observes something illegal which he IMMEDIATELY recognizes as contraband than, the seizure would be good for the purposes of the 4th Amend. The odor of marijuana as I said is not enough for a search of a residence (a vehicle yes but not a residence) however it is enough for an officer full of piss and vinegar to secure the residence and articulate in an application for a search warrant that he believes that there is probable cause that there is contraband located witin the house. It would be up to a judge to decide whether he / she agrees with the information in the officers application and grant the Search Warrant.
Keep in mind also that, in some states an application for a search warrant is a very simple procedure and the search warrant can be issued on somewhat gray terms, such as PA (which thank god, I dont live).
In my state you need very strong probable cause as well as detailed information about the specifics of the search that will take place if the warrant is issued. You also need to spell out very clearly what you hope to recover as contraband.
As you can see, this topic could go on forever. It really depends on your state laws and the procedure of your local Police Department. To say that you will be charged or will not be charged is unfair because it is a guess.
There is something called "constructive possession" which simply means, that you had the ability to access the contraband. Constructive possession seems to fit in your situation and you COULD be charged.
I wouldnt spend your money on an attorney until you learn that charges have been signed against you, what's the point.
PS. Destructing evidence is rarely effective once the police have arrived. It usually means that additional charges will be filed for tampering / destruction of evidence, Obstructing an Investigation, Hindering Apprehension as well as the original charges. In the big picture the police are not completly stupid, eating drugs is usless anymore, blood tests and detainment until you shit the drugs out are possibilities with a court order. Then you just added more charges for trying to be a wise guy.
Once this stuff goes to court, as long as your not a repeat offender, things usually work out pretty good.
Hope my two cents help.
Baby Faced Assasin
New Member
SOunds like you live in NC Carved, An applicaton for a search warrant out here can take From 3 to 24 hours.
Desi, its hard for me to give a opinion as far as how cops feel about roids because i've never met a cop period that has even seen, much less charged any body for it.
I know a few cops that juice bu even out of the biggest of us nobody has any clue that we juice. They just think were crazy dedicated to liftin.
Im a firm believer that the reason steroids are a scheduled substance is becuase of the Whole Ben Johnson fiasco back in the 80's. I really belive that. The US got embarrased becuase he just happened to get popped, decided it was a "Epidemic in america" And passed the bill.
Look at the facts. The reson people almost never get caught with roids (aside from shipping large amounts in transit) is steroids to not lead to other crimes the way other drugs do.
We catch people with meth every day because the meth head will rob, steal stab and kill to get more. The juicer on the other hand plans his cycle out ahead of time, Buys his gear and meds his needs peice meal until he has his cycle together. The body building lifestyle in itself for most people involve a level of dedication and discipline of self that are contradictive to being a criminal. The onl criminal act the juicer comits is possesion of the steroids.
I plan on being "un-natural" for life, well into my golden years. And the day i retire i'm going to become a rabid spokesperson for the decriminalization of steroids.
I enjoy busting meth labs and dealers. Coc, crack you name it. I do get a wonderfull feeling from taking a man whos assaults an rapes his children and putting him away forever. And i rally almost cried after seeing the huge smile on a 6 year old girls face when i returned her toys that had been stolen. (she was very poor). But i will never understand why roids are against the law.
Desi, its hard for me to give a opinion as far as how cops feel about roids because i've never met a cop period that has even seen, much less charged any body for it.
I know a few cops that juice bu even out of the biggest of us nobody has any clue that we juice. They just think were crazy dedicated to liftin.
Im a firm believer that the reason steroids are a scheduled substance is becuase of the Whole Ben Johnson fiasco back in the 80's. I really belive that. The US got embarrased becuase he just happened to get popped, decided it was a "Epidemic in america" And passed the bill.
Look at the facts. The reson people almost never get caught with roids (aside from shipping large amounts in transit) is steroids to not lead to other crimes the way other drugs do.
We catch people with meth every day because the meth head will rob, steal stab and kill to get more. The juicer on the other hand plans his cycle out ahead of time, Buys his gear and meds his needs peice meal until he has his cycle together. The body building lifestyle in itself for most people involve a level of dedication and discipline of self that are contradictive to being a criminal. The onl criminal act the juicer comits is possesion of the steroids.
I plan on being "un-natural" for life, well into my golden years. And the day i retire i'm going to become a rabid spokesperson for the decriminalization of steroids.
I enjoy busting meth labs and dealers. Coc, crack you name it. I do get a wonderfull feeling from taking a man whos assaults an rapes his children and putting him away forever. And i rally almost cried after seeing the huge smile on a 6 year old girls face when i returned her toys that had been stolen. (she was very poor). But i will never understand why roids are against the law.
esco
New Member
wasn't ben johnson a runner for canada?
Baby Faced Assasin
New Member
BHerks said:
My bad, I get all passionate and mis speak.
Their was some kinda Johnson america connection that had came to bear.
I read the book a fe years back but i cant remember the exact details.
