So Cali: One sack, 2 people, 2 recs, 2 possession tickets

dougfunny

New Member
I need advice. I am from So Cali. I was parked on a street with my brother and we had some herb in the car. We were not smoking and I saw an officer roll up. He walked up to our car and asked "Where the dope was" cause he claimed to smell it once the window opened. We know our rights and told him we were not smoking and there was no "dope". Long story short, he calls backup, makes us get out the car, searches us then goes ahead and starts looking through our car while making a bunch of smart comments.

He finds the medical tube with about 3 grams in it and also finds our medical recommendations. He sat us on the sidewalk, confinscated the weed and wrote each on us a ticket for possession. We argued that the weed was all mine and only one of us should be taking the ticket. He basically threatened to place us under arrest if both tickets were not signed. I told him to call the doctors verification line and to verify the rec and he said "We will let the court take care of that".

He was obviously being a dick because he knew he didn't get what he was hoping for. I ran my mouth the whole time about how they need to respect Prop 215 and state laws. How they wasted 45 minutes writing a ticket when it would have taken 5 minutes to call and verify the rec. How they are wasting tax payers money when I provided him with everything I am going to providing the court.

Was I taken advantage of here? Will the possession tickets be dismissed in court once we present our paperwork? Also, can I go back and claim my medicine or the value of it. I warned him 3x that if he does not return my medication I am going to be coming back to the station to collect it. He basically laughed at me and said "Im sure you will".

I know that recently a possession ticket has been dropped to a infraction but I do not want any possession ticket considering I am complying with state laws.

These guys have no respect at all for the laws and do whatever they want. Help.
 
Re: SO CALI: One sack, 2 people, 2 recs, 2 possession tickets...

State vs anderson..... Illegal search. Smell alone is not enough to search without permission, but double check and see if Calif is same on this. Should be same
 
Re: SO CALI: One sack, 2 people, 2 recs, 2 possession tickets...

I'm no lawyer... but this is good case that should help....as long as you didn't consent to search.
 
Re: SO CALI: One sack, 2 people, 2 recs, 2 possession tickets...

Yea, I'm uncertain of your law, but ours we have to have it concealed in a locked case and in the back of the car.
 
Former CA resident. The herb must be kept in the back of the car.

As far as the search goes, did any of you bother to record the interaction? If not, it's your word against theirs unless they had body cams and the cams were on.

You could hire a lawyer or just consult one and seek their professional advice.
 
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