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search and seizure: 2 undercover policemen ask me if I smoked marijuana

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  • search and seizure: 2 undercover policemen ask me if I smoked marijuana

    I am desperate for legal advice. A few days ago, I was sitting outside my home when 2 undercover policemen pulled into my driveway. I live in a prodominently mexican neighborhood and they told me "seeing a white girl sitting outside was cause for a welcome to the neighborhood" . They proceeded to ask me if I smoked marijuana which I answered with a simple and honest, yes. My boyfriend and I in fact do smoke a copious amount of marijuana and were in no way trying to hide the fact. There is no benefit for us to sell it as we smoke enough to be in debt. We tend to buy an ounce or less at a time which requires us to have a scale to make sure we are getting what we pay for. I understand that living in California and posessing that amount of marijuana without a license may seem ridiculous. The cops proceeded to ask me who I lived with and I told them my boyfriend. I let them in the house to avoid a later search warrant which they threatened me with. They asked us to sign a consent to search which we did without protest because we had nothing to hide. After ripping apart our house and being very unprofessional in the process, they managed to come up with almost an ounce. Not in whole marijuana, but ash tray remnents and stems. We also have MANY MANY paraphenilia. None of this was touched or moved. I had $1000 dollars in rent money which was also not taken or accounted for. After going through all our personal things, they also took two photographs out of a box. After signing the "consent to search" form and filling out a detailed log of both mine and my boyfriend's information, they decided to slap him with a felony. Telling us we should receive a subpeona shortly in the mail. After they left, we were bewildered by their unprofessionalism. We discovered they left all copies of the paperwork and our information. We also had to REMIND them to take the things they had uncovered. Also, another thing I found strange was when they asked me if I had anything in my car in the driveway. I responded by telling them I had a pipe and probably about a gram of pot. When they left, they simply told me to take it out of my car.. without even LOOKING in there. Now, I am not a troublemaker and I know the neighborhood I live in. I would think that if they were really out to get me, they would take me for all I had. I have never been in trouble with the law before, and either has my boyfriend so we are very confused as to what our legal rights on this situation are.

  • #2
    re: search and seizure: 2 undercover policemen ask me if I smoked marijuana

    They may not actually file charges--did they say they would for sure?

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    • #3
      re: search and seizure: 2 undercover policemen ask me if I smoked marijuana

      Yes, in fact they told him to expect a subpoena if he didn't call them with information leading to catching someone else in the act of a crime. And if he COULD blow someone in, they told him he would get off perfectly clean. Basically, my boyfriend doesn't really know anyone he can fool into being arrested for selling.. .. and like I said .. they left every piece of paperwork and evidence that we ever consented to anything. Does that mean they have no documented information or can they just go by word of mouth?

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      • #4
        re: search and seizure: 2 undercover policemen ask me if I smoked marijuana

        It all seems odd. They may have no intention to file charges.

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