Q: I was pulled over in nys last night for speeding and marijuana possession
pulled over by nys trooper for speeding.after smelling marijuana in the car I openly admitted to having some in the car and said where it was. I was never placed under arrest or anything instead the officer asked me to sit in his patrol car with him while he filled out the ticket and summons and he even let me choose my own court date. I was then let to go home while he took the marijuana as evidence but threw the pipe on the side of the road saying that was evidence as well. I went home and about two hours later while sleeping I get a call from the officer saying I need to come down and fill out more paper work(never explained why) or else I’d be picked up I admit I had an attitude but I was just woken up .i head to the police station to find out he weighed it and weighed more then he thoug. I get fingerprinted and a photo taken and I explain that I would like the bowl that he threw to be in the records he tells me he’ll find it arrest me and impound the car.is any of this legal?
A:
You probably shouldn't have gone back to the station. If you were served with papers when you went back to the police station, then you know what you were charged with and when to go to court.
As for throwing the pipe into the woods, that was probably an error on the police officer's part. However, it's hard to see how much that will help you for the marijuana possession charge.
A: If he threw out the drug paraphernalia, then obviously that cannot be entered as evidence against you; yet it appears you admitted to possession while driving a car. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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