IMG_6709-2-194x300SEARCHES

100 ‘most asked ‘ questions

CAN THE POLICE ENTER MY HOUSE?

No.

Only with a warrant or “exigent” circumstances such as: they are chasing you, they get an emergency call that someone is being beaten or shot, a fire emergency.

You have a heightened expectation of privacy in your home.  Therefore the police must get a search warrant before they can enter your home, or have a real good reason to tell the judge.

What is a home?

The law protects persons:  not places.  So what is in your mind is determinative.

Your home can be anywhere you feel like home:  at a hotel room, as an overnight guest, in your room in a rooming house.  It is always an open issue and an arguable question:  like a snail who carries his home on his back:  think home.

IMG_6709-2-194x300SEARCHES

100 ‘most asked ‘ questions

CAN THE POLICE SEARCH ME?

They CAN search you ONLY if…

1.  You agree to the search.

Your consent must be freely and voluntarily given, and not the product of threats, intimidation, force, or the threatened use of force.

2.  For “Officer Safety”

They can search you for weapons only IF the officer has a good reason to believe you are a threat to his personal safety AND ONLY AFTER you are lawfully stopped or detained.

  1. After an arrest.

If a cop searches you without permission it is illegal, unless they have legal cause to search you.  And that is for a judge to decide….later.

IMG_6709-2-194x300UNDER 21CROWD

100 ‘most asked ‘ questions

CAN A “SECURITY GUARD” MAKE AN ARREST?

 Yes.

Many states permit security guards to make arrests.

Many rent-a-cops are also off duty cops out there to pick up an extra dollar.

It is best to treat a rent-a- cop with the same concern as a police officer.     But it gets worse.

Rent-a-cops are not real cops, so you don’t have constitutional rights if they violate your rights.  That’s a wow!

If a security guard tells you to stop: Stop.   Do not speak or explain.   You do not have any constitutional protections with a rent-a-cop.

Demand he release you or call a police officer.  Be smart….. be safe….. be silent.

 

IMG_6709-2-194x300UNDER 21CROWD

100 ‘most asked ‘ questions

CAN I CARRY ALCOHOL IN MY CAR?

No.

It is unlawful for an underage person to have alcohol in their possession.

The only exception is if you work in an establishment that serves alcohol. You can transport it only in connection with your work.

You do not want to have a discussion with the police about actual or constructive control of an alcoholic beverage.    Nor do you want to be before a judge or the college administration.

Best not to carry alcohol in any form in your car.

It does not matter if the container is open or closed.

IMG_6709-2-194x300UNDER 21CROWD

100 ‘most asked ‘ questions

IF I’M UNDERAGE AND ALCOHOL IS SERVED DO I GET ARRESTED?

Yes.

It is illegal for any person to sell, serve, or permit the serving of alcoholic beverages to a minor.  The presence of alcoholic beverages and minors (under 21) in the same room gives rise to probable cause to make an arrest.

All the prosecutor has to prove is possession, either constructive, or actual.

The only exception is if you are under 21 and working in an establishment that serves alcohol: you can serve it.

IMG_6709-2-194x300DRUG BUSTS

100 ‘most asked ‘ questions

CAN I BUY A BONG OR A PIPE?

Yes.

Can you possess it?

No.

This is a real head-scratcher for most of us.

A store can sell you what is obviously a device intended for the consumption of a controlled substance, but you can’t possess paraphernalia.

It’s a distinction without a difference to argue that it can be used for a non-controlled substance.  That’s not the issue.  The only question is can it be used to ingest a controlled substance.

If it can be used to consume a controlled substance it is a narcotic implement, also known as drug paraphernalia.

IMG_6709-2-194x300DRUG BUSTS

100 ‘most asked ‘ questions

IF MY ROOMMATE HAS PARAPHERNALIA DO I GET ARRESTED?

Yes.

If you’re in a place, or in a space, where a reasonable person can conclude that you are either in actual or constructive possession of paraphernalia you are subject to arrest.

This can be in a car, or in your dormitory room, or in your apartment.

The fact that the paraphernalia is in another room allows you grounds to argue; but not with a cop. Perhaps in front of the jury.  Bad place to be.

If your roommate has paraphernalia either it/ he/she goes or you go.

IMG_6709-2-194x300 BUSTS

100 ‘most asked ‘ questions

CAN I SHARE MY PRESCRIPTION?

No.

The law makes no distinction between selling your prescription and giving away a single pill. If you transfer possession of a controlled substance to another person, you are guilty of sale or delivery.

Never offer to or share any pills with anyone. Never permit anyone else to carry your prescription for you. Never send your prescription ahead of you, if you’re traveling and always keep it in the original container from the pharmacy.

If it can be proven that you gave someone a pill, or more than one pill from your prescription you can be charged with delivery or trafficking.

The person who receives it can be charged with possession, trafficking or conspiracy.

If the un-prescribed user were to overdose or have an allergic reaction you can be charged with a crime and sued for damages in civil court.

IMG_6709-2-194x300DRUG BUSTS

100 ‘most asked ‘ questions

WHAT IS TRAFFICKING?

Possession with the intent to sell or deliver any illegal drug (usually more than a personal use amount) or controlled substance is trafficking.

It commonly is understood to mean you have enough of the ‘stuff’ to be “in the business”, and a transfer to someone.   But, depending on what it is, and where you live, you can be a trafficker by giving away one pill.

Trafficking begins at 5 grams for federal law.  Some States: 28 grams.

If you knowingly sell, buy, deliver (giving away a pill is a delivery) a controlled substance (anything illegal, anything that requires a prescription from a doctor), you can be convicted of trafficking.

Ever ‘borrow’ a sleeping pill?  Pain medication?  Give it to someone?    Re-read the definition of trafficking: you are a trafficker.   Scary stuff, huh?

 

IMG_6709-2-194x300DRUG BUSTS

100 ‘most asked ‘ questions

WHAT IS CONSTRUCTIVE POSSESSION?

You can be charged with possession of a controlled substance under the constructive possession theory.

Constructive possession means that although the controlled substance is not on your person or within your immediate vicinity, the contraband is in a place over which you have control.

The state must prove: 1) control over the place 2) that you have actual knowledge it is there 3) that you can exercise dominion and exclude others from possession.

Constructive possession can be charged to one person or more than one person, if it can be proven that everyone had equal or shared possession, knowledge and control.