18 January 2012, 7:44 pm
First of no flaming please. I know I got myself into this situation and I picked my friends. I already have an attorney, just looking for any ideas, help, or suggestions. If anyone has any previous experience with this situation. Your case and the results. Another thing is that I have my permit to carry weapons in Iowa(resident state), do not want to loose that. Was not carrying at the time of incident. 21+ years old. No drug use. Only smoke cigs. I have never gotten in any trouble before, no probation, most has been speeding ticket in South Dakota. On Sat Dec 31, 2011 I was arrested in South Dakota. A friend asked me for a ride to a skate/clothes store in SD. My friend wanted to buy some Incense(aromatherapy, which is not labeled K2 and is legal to sell, and bought it at a store) which you have to be 18 to buy. My friend which is 18+ did not have an ID, so he gave me the money and purchased it for him because I know he is 18+ and it was legal. It was in his possession at the time of leaving the parking lot. There was a Police officer just sitting in the parking lot right next to the skate store. We pulled out of the parking lot and passed the police officers car. The cop car stayed their for about 1-2 mins. Then after about 1 block caught up and pulled us over for License light not working. Asked for my information, had insurance, registration and valid license. Asked me to sit in police car, while reviewing the information. Meanwhile friend stayed in the passenger seat. Then asked to search the car, authorized search because nothing illegal was in the car. I sat in the car and then the officer went over to the car to talk to my friend. Officer talked to my friend, while I sat in the car. I am not aware of their conversation. Officer then asked my friend to stand outside. Then searched the car while I was still in the cop car. Officer then found the Incense. Came back to the car and asked what it was for. I told officer it was incense. Officer asked if I smoked it, rolled it or put it in a pipe.I told him no, I do not smoke anything besides cigarettes. I did not have any intentions of smoking it. Told officer you use the incense/aromatherapy the way you use any other incense/aromatherapy. They did not find any drug paraphernalia, no pipes, no bong, or rolling papers. Officer then went to talk to my friend again, not aware of their conversation. Officer then arrested my friend. Officer came over to police car and placed me under arrest. (if applicable, rights were not read to me, stopped for light and was question about a different situation) When at Jail, I was asked to do a UA. Complied. Bailed myself out cash and got a lawyer. I went to jail for something legal. They sell at the store, like 2 blocks away from where I got pulled over. When at jail, talking to other people that were brought in the same night for the same thing. Apparently they had been pulling over a lot of cars leaving the store. I do not,did not and have no intentions to consume/smoke anything. In South Dakota it is legal to sell. The law essentially bans the possession, sale or use of any substance "to become intoxicated". That law does not apply to alcohol, which is regulated in other sections of law. I have called the States Attorney General's office to get my results of the UA. The primary UA was clean, but they told me they have a secondary UA they have to send to a lab in CA to get tested for Synthetic Drugs. Total of 4 charges: Got charged with Consumption of substance and consumption of substance other than alcohol. In South Dakota they can charge, suspicion of consumption, which should drop because UA would be clean. Possession of a substance? The substance, Incense if legal. It would not be for sale if it was illegal. No proof I was going to ingest, consume or smoke. I got charged with Distribution because I bought it and then gave it to my friend. Ticket for license light not working(petty). Does it sound like I will be able to get these charges dropped and/or counter-sue for damages? Anything possible against the store that sold the incense?... Read More »
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