Check out some similar questions!

HornsManiac · Oct 25, 2006, 09:46 AM

I attended a party at an apartment complex about two weeks ago. The day after the party someone who lives in the apartments discovered a small black 35mm film canister on the ground under some hedges. It contained a small amount of meth split up in 2-3 small baggies. When I say small amount I am talking less than a gram total weight for everything in the canister. It was turned over to the management of the apartments where she contacted the local narcotics investigations unit of the police department. It is very possible if not likely that my fingerprints would be found on the baggies and the canister. However, the items would also have prints from at least a few other people who also attended the party. Some people (not legal experts) have told me that I could face a variety of felony charges ranging from possession of a controlled substance all the way to child endangerment. Needless to say I am very nervous and scared and part of the reason is because I have a prior conviction on my record for possession of narcotics. My question is should I be worried about this? Is this enough evidence to charge me with a crime and if so what crime(s). Fingerprints would prove that my fingers had touched the drugs, but not that they were mine, and they must realize anyone of a number of people could have placed the canister where it was found. Unfortunately there were some people at this party that I don’t exactly trust and could possibly try to pin this on me. In fact if questioned by police they may even say the canister was mine. What do you think are the possible consequences that could result from this? If they can’t file charges is this enough for them to get a search warrant for my house? The police have not contacted me about this situation yet and all the information I have is gossip and speculation from various people. One of the rumors is they are waiting on a fingerprint check to come back. How long would that take? Please help me by first telling me the truth and then hopefully putting my mind at ease. Finally, all of this took place in the State of Texas. Thank you in advance to those of you that offer me feedback on this matter.

excon · Oct 25, 2006, 10:06 AM

Originally Posted by HornsManiac

Please help me by first telling me the truth and then hopefully putting my mind at ease. Finally, all of this took place in the State of Texas. Thank you in advance to those of you that offer me feedback on this matter.

Hello Horns:

Ok, I'll tell you the truth, but I can't put you At EASE. Drugs? The state of Texas?? Bwa ha ha ha.

Now that's out of the way. No dude, seriously, there's a very long shot that you'll be arrested and there's no way that you'll be convicted.

The only thing that can screw you, is YOU yourself (and it sounds like you're tryin). DON'T TALK TO ANYBODY. That's NOBODY - NOT FRIENDS, NOT RUMORMONGERS, and NEVER, NEVER, NEVER, talk to the police.

Let me make a correction. Your fingerprints on the bag does NOT connect you to the drugs... It connects you to the bag. That ain't good, but that won't get a conviction.

And finally, unless your local narcs aren't very busy, I can't see them spending a whole lot of state money, time and effort for LESS than a gram of dope. Plus, this is NOT a gram of dope found in someone's pocket. What? You think the cops are crack investigators?? You been watching too much CSI.

Of course, you ARE in Texas...

excon

ScottGem · Oct 25, 2006, 10:24 AM

I don't have the disdain for the police that excon has. So I think you DO have cause for concern. If your prints were only on the canister, I wouldn't worry, but if they are on the baggies as well, then worry.

So the question is what you should do. My answer is consult your attorney. Do nothing more than that. The scenario that I see is that hopefully your atty knows someone who can give him advance notice of a warrant being issued for your arrest. IF and ONLY if a warrant is issued do you need to do anything more. At that point it would proably be best to turn yourself in.

The police do not have to do a great deal of investigation here. They dust the canister and baggies, run the prints through the system and come up with you and your previous drug conviction. That is just SOP.

Oh there is one other thing I would do. Check myself into a rehab program to get clean and NEVER, EVER put yourself in a position where you will be near drugs let alone handle them.

valinors_sorrow · Oct 25, 2006, 10:59 AM

I'm with excon in calling this a close call by way of what typically gets prosecuted, Texas not withstanding.

I'm with Scott only in that you need to use this as The Cosmic Wake Up Call suggesting you turn left immediately concerning your lifestyle. And we all know what happens when we don't heed those! :rolleyes:

DrJ · Oct 25, 2006, 11:06 AM

Im going to have to go with excon on this one.

Its true... you should turn yourself in.. You should take responsibility for your part in this... BUT that's never what I would have done so I can't advise you to do thee same.

I live in California and don't have any experience with Texas BUT...

Don't turn yourself in... NEVER plead guilty... take it to trial (which will never happen over that little bit of speed). There is simply not enough evidence and the crime itself is just not worth it. And if the"friends" you hang out with would finger you ni court, I would suggest finding some new friends.

(I know this has nothing to do with your questionbut... ) I do, however, agree with ScottGem in that you need to get off the sh*t! Come and rejoin the ranks of human beings. I spent many years down that hole and there's nothing down there. However you got to do it, rehab or whatever, find something worth living for and get off the sh*t!

charlie123 · Oct 25, 2006, 11:09 AM

I have no experience in this type of stuff - but my first thought when I read it was...
1. Don't talk to anyone about it! (not your mama, your best friend, or even your dog!)
2. Deny the hell out of it if you are ever questioned
3. If they do go all 'CSI' on you - you can say that 'yes - you were at the party - & someone handed you the canister & when you opened it & saw what was in the bag - you were like'NO WAY - I CAN'T EVEN BE AROUND THAT STUFF'

My guess is you will never hear anything about it. I would use this as a wake up call - if you aren't already clean - GET CLEAN. I would concentrate on work, school, your family (whatever it is you care about) & stay away from parties & places & people who are into this type of thing. Next time you might not be so lucky!

I really think you don't have anything to worry about.

HornsManiac · Oct 25, 2006, 11:21 AM

Okay, so the majority thinks I probably won't ever be charged. That makes me feel MUCH better. Now is there enough evidence for them to get search warrants for my home and/or car? Do you think I should be prepared for the knock on my door - if they even bother knocking? Thanks a million once again. Cheers.

DrJ · Oct 25, 2006, 11:26 AM

Search warrant... no, definitely not (at least not in california). This isn't a big drug bust and they need A LOT more evidence (if they can even call what they have evidence) for a search warrant. Cops use search warrents but they don't want to get one if they are going to be wrong about it!

However, I wouldn't be surprised if you do get a knock on the door. This may not be because of any fingerprints they found but if someone names you from the party. If they decide to investigate this, they will likely try to get a story from everyone they know was at the party and look for the one that doesn't fit. Should that happen, keep your cool, TAKE CHARLIES ADVICE (nice cover by the way charlie!), Don't FINGER ANYONE, and go about your business.

excon · Oct 25, 2006, 11:33 AM

Hello again, Horns:

Yeah. I forgot you asked that. Nope. Even IF they think the bag was yours, there is NOTHING to indicate that there are drugs in your home. In order to get a warrant, the cops will have to swear in front of a judge, that they absolutely believe they'll find crank, not just IN your house, but in a PARTICULAR place in your house, and they know that because your fingerprints were on a bag they found no where near your house.

Nahh, even in Texas a judge won't buy that crap. Nope. No search.

excon

bhayne · Oct 25, 2006, 01:23 PM

I agree with Excon, but that doesn't mean they won't try to get in your house and look around.

If you, your parents or your friend invite them in and they see something suspicious, they may then go to a judge and get a warrant!

Depressed in MO · Oct 25, 2006, 01:29 PM

Ok-I'm confused... If the drugs were not yours and you had nothing to do with them-why would your fingerprints be anywhere near the container at all? If you have no idea of where it came from, how do you even know about it at all?

valinors_sorrow · Oct 25, 2006, 01:38 PM

Originally Posted by Depressed in MO

Ok-I'm confused...If the drugs were not yours and you had nothing to do with them-why would your fingerprints be anywhere near the container at all? If you have no idea of where it came from, how do you even know about it at all?

I know Depressed, to a certain degree it reminds me of when someone called into my office (I work in the recovery field) one Friday asking how long a certain drug stays in your system because they had to take a drug test Monday :eek: The volunteer didn't know and so put them on hold and asked the room. Someone shouted out, "tell them six months -- that ought to be long enough for them to come to their senses". We all laughed. Then the caller was referred to some place more likely to know.

Its hard not to add that if this experience generates concern about a search warrant or even a visit from the police, then maybe its time to clean house? LOL

Depressed in MO · Oct 25, 2006, 02:13 PM

Originally Posted by valinors_sorrow

I know Depressed, to a certain degree it reminds me of when someone called into my office (I work in the recovery field) one friday asking how long a certain drug stays in your system because they had to take a drug test Monday :eek: The volunteer didn't know and so put them on hold and asked the room. Someone shouted out, "tell them six months -- that ought to be long enough for them to come to their senses". We all laughed. Then the caller was referred to some place more likely to know.

Its hard not to add is that if this experience generates concern about a search warrant or even a visit from the police, then maybe its time to clean house?

Yeah-it doesn't make sense to me. There should be no worries about the container from this guy-if he is innocent as he is saying-then why are the handprints on the container at all?I don't buy any of it.

An ex boyfriend of mine years ago was in a car accident while he was on his way to deliver a pound of marijuana. He had it in a brown paper bag in the trunk of his vehicle.
When he got out, he grabbed it and threw it away in the trash can. Someone said they saw him put something in the trashcan, and so they dug it out and handed it over the police. He was violated for that as he had his fingerprints on it...

DrJ · Oct 25, 2006, 03:08 PM

First, I don't think he is implying that he is innocent... he just doesn't want to get caught.

Second, a "conviction" is different than a "violation." A violation of probation or parole is one thing... and your friend probably just rolled over (didnt try to fight it).

There was a good point about if they do stop by and they are invited in... if that happens, they will get very nosey so watch out for that. And as Val said, you may want to think of cleaning house, just to be safe.

Fr_Chuck · Oct 25, 2006, 04:57 PM

I did not read everyone's answers, but I will tell you the most likely

First most likely no one will ever run prints on a film container with a little crack in it. First if several people touched it prints will be smeared.

Next since several other people had it, someone found it,gave it to someone else, there is no chain of custody, you could if arrested merely claim that anayone could have used your film container and so on.

It would be enough evidence to get a search warrant for your home, so you need to be sure it is clean.

So a outside chance they ( in Texas for sure) may arrest, get a warrant but with an attorney I don't see any way you could be convicted on that.

ScottGem · Oct 25, 2006, 05:48 PM

First, I'm not saying you will be arrested, but I don't think its as unlikely as other people seem to think. The idea is that you should wait until an arrest warrant is issued before turning yourself in. And turning yourself in is not admitting anything. I would not deny anything that can proven I would just stand mum and let my attorney handle everything. But it wilkl go better if you turn yourself in rather than force them to serve the warrant.

I side with Chuck, your fingerprints on the baggies should be enough to get a search warrant.

Depressed in MO · Oct 26, 2006, 09:44 AM

Originally Posted by DrJizzle

First, I dont think he is implying that he is innocent... he just doesnt want to get caught.

Second, a "conviction" is different than a "violation." A violation of probation or parole is one thing... and your friend probably just rolled over (didnt try to fight it).

There was a good point about if they do stop by and they are invited in... if that happens, they will get very nosey so watch out for that. And as Val said, you may want to think of cleaning house, just to be safe.

OK-maybe I choose the wrong words. What I meant by the fact that he was "violated" was actually the fact that he was "charged". He did not violate probation-was not on probation at that time. Regardless, back to poster here-it did sound to me as if he was implying that he was innocent-He didn't say it, but implied it.

" Unfortunately there were some people at this party that I don’t exactly trust and could possibly try to pin this on me."-I'm using this quote from his post as an example to my theory.

But, just my opinion... ;)

bhayne · Oct 26, 2006, 11:01 AM

I've had people on this board threaten to reveal my ethics to my professional memberships. I can assure you, it would be ill advised for anyone on this board to amit to any wrong doing!

As such, I am very careful with my language. I would expect the same from anyone else seeking advice. Best to ask questions and not reveal why. It's not that I will get into trouble; it's more that I don't always write what you expect.

In my mind, we're all guilty of something and that includes you coppers!

BIM · Oct 26, 2006, 11:14 AM

First Off, I don't think there is enough evidence to do much of anything. The prints would be smeared so on and so forth.

My question is: Why are you so afraid for people to look in your house and car? Are you hiding drugs in there?

Sounds to me you need to get your $hit together.

bhayne · Oct 26, 2006, 11:51 AM

Originally Posted by BIM

My question is: Why are you so afraid for people to look in your house and car?

I don't know what my family or friends are up to all the time and I'm not going to be the one to tighten the noose.

After all, if a cop wanted to look around in your house or car, you'd have to be crazy to let them. It would make me curious and suspicious because they don't knock at a door to hand out nice guy awards!