Q: ·pc4502 "Prisoner Poss. Weapon" (Dagger) Can officers charge 1 if 2 housed in cell?
Days b4 "John's" controlling charge was dismissed due 2 PD violating his 4th Amendment Right "Illegal Search & Seizure"... C.O.'s searched ONLY ONE cell occupied by 2 inmates "John & Doe", But Only "John" was charged (pc4502)... Report says weapon referred 2 as a "Dagger" (but really a County Issued Safety Razor w/o the guard & single blade smaller than 1/3 of a pinky nail), supposedly found in "Johns" laundry bag (which was tied in knot), under his mattress. "John" has no knowledge of it. "Doe" does cause object is his & its commonly used by inmates 2 sharpen pencils, arts & crafts, 2 make cards. Not intended as weapon, nor is it capable of great bodily injury. "Doe" tried 2 give C.O's a statement taking responsibility, but C.O.'s insisted that he was jus tryna take the fall... The courts have reset "Johns" case approx. 5x since, "Doe" was going 2 be a witness but he beat his trial (for controlling charge) & was released, now courts saying "Key Witness Unavailable"
A:
MORE INFO NEEDED.............THE ANSWER WILL BE FACT DEPENDANT...A LAWYER WOULD HAVE TO REVIEW THE REPORT.
THEY USUALLY CHARGE WITH POSSESSION NOT OWNERSHIP.
WERE BOTH INMATES IN THE CELL CHARGED?
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