Are you really surprised at this? Just down the road in Durham the prosecutor tried to ruin the lives of 3 Duke Lacrosse players on the word of a horrible witness with no DNA evidence, her own friend discredited her, evidence supporting the students from the ATM camera and the time stamp when their ID was used to enter a dorm, a timeline that made no sense, and a ton of other stuff. There's a saying about they can indict a ham sandwich but that doesn't mean they can convict it. That saying is really just for prosecutors as an indictment usually takes a little more compelling evidence and at this point pursuing winless and costly situations isn't what most prosecutors are into. So imagine how iffy some arrests are by police officers who usually don't have a post graduate law degree. Not all cops are bad and I really would like to think most are actually good cops but there are some like this one who would rather throw a plate of spaghetti against a wall and see what sticks, like in your case. He's/ covering his ass by giving you both a ticket and he'll try to get one of you if not both.

Since your name isn't on the lease, not on your ID, or bills, it is the burden of the state to prove that you were in control or possesion of the bowl or bowls and bongs. If the other stuff was found in other rooms a case can be made that he should have only searched the room that had the bowl in plain view. Granted you have now given him probable cause and an exception to the warrant requirement by him seeing a bowl in plain sight but if there are many rooms or its a large apartment he may still be confined to only searching what is in your immediate access so where were the other things? If he walked into a den and found the bowl on the coffee table right when you walked in the door, some judges might not allow the extent of his search to cover the whole apartment, some may. Ok, back to in control of the bowl and burden of proof, it seems that you have a good case to show that you were not in control of the bowl or in possesion of it as you had moved out and were getting a cop to escort you back to the place to get the rest of your things. Did you meet him at the door or the parking lot, did you use a key, when was the last time you were there, etc etc? It's the state's burden to prove that even though you moved out it is your bowl. If money is tight I would get a public defender and ask for a jury trial. While the cop might have been eager to give you a ticket a prosecutor or judge might not be so eager to take this one to trial, at least in your case. Then if they proceed further and what you say about moving out can be proven, you stand a good chance of beating this BS.
FakeBoobsRule Reviewed by FakeBoobsRule on . does this seem wrong to anyone else? HELP! So, let me explain. Hopefully, I can get some advice/help. I used to live with my girlfriend. We are still friends, but she can be a little high strung.. Anyways... as advised by a police officer , I called, met with a police officer to escort me to our old apartment to get a couple of appliances and tools that were mine to avoid an problems over what was hers and what was mine. I am basically trying to cover my ass. Anyways...the police officer comes in, i've got my stuff and I am ready Rating: 5