I recently got arrested for the first time for having spice, 4-aco-dmt, 2c-t-2, 2c-e, 2c-i, mdpv, 2c-p, and 4-fmc all around 200mg (I know I’m stupid). I guess it eventually happens to all drug users eventually but the worst part was the only time i have been arrested i wasn't actually breaking the law. A few days ago around midnight (this is a relatively busy boardwalk so its not unusual to see people around at this hour) me and 3 other friends were tripping sitting on a bench talking at very reasonable volume not playing music or anything on a public boardwalk in NJ.
A cop car pulls up and gets out of the car the cop tells us we were there to smoke pot and that he wants to go through my backpack. I tell him there is no way he is opening my bag, because there was no probable cause to search us (I'm a very experienced tripper and can handle myself well with authority figures even when tripping hard).
He tells me either he is searching my bag or arresting me on the spot and taking my bag and everything in it. So i back down and try to explain to him everything in the bag were completely legal to possess as long as they were never consumed. The reason stated for having these chemicals in my backpack was because i had left them in the bag with the spice by accident, which i understand is actually legal to possess even for human consumption in most of the states including new jersey as long as it is not sold for that purpose.
His cop friends arrive and begin to insult and harass us while he looks up the chemicals in his car on the computer. He is not able to read the labeling and calls me to the car to help him. I assist him reading the labels when i notice he is using wikipedia to look up the legality of the chemicals. Some of the articles are unclear as to whether they are illegal and he had absolutely no understanding of the analogue act as he had just heard about that law for the first time that night from wikipedia and spent about 10 seconds reading and understanding it. Nor did he have any way to prove that we ingested these chemicals, but decides to confiscate them and arrest me anyway.
I was charged with possession of 7 controlled substances listed as unidentifiable white powders. I was not charged with possession of the mdpv or the spice since it was clear that they were legal from the wikipedia article but they were taken anyway. Anyone have any advice as to what legal standpoint i should take? I was thinking about going with lack of probable cause to search me.
A cop car pulls up and gets out of the car the cop tells us we were there to smoke pot and that he wants to go through my backpack. I tell him there is no way he is opening my bag, because there was no probable cause to search us (I'm a very experienced tripper and can handle myself well with authority figures even when tripping hard).
He tells me either he is searching my bag or arresting me on the spot and taking my bag and everything in it. So i back down and try to explain to him everything in the bag were completely legal to possess as long as they were never consumed. The reason stated for having these chemicals in my backpack was because i had left them in the bag with the spice by accident, which i understand is actually legal to possess even for human consumption in most of the states including new jersey as long as it is not sold for that purpose.
His cop friends arrive and begin to insult and harass us while he looks up the chemicals in his car on the computer. He is not able to read the labeling and calls me to the car to help him. I assist him reading the labels when i notice he is using wikipedia to look up the legality of the chemicals. Some of the articles are unclear as to whether they are illegal and he had absolutely no understanding of the analogue act as he had just heard about that law for the first time that night from wikipedia and spent about 10 seconds reading and understanding it. Nor did he have any way to prove that we ingested these chemicals, but decides to confiscate them and arrest me anyway.
I was charged with possession of 7 controlled substances listed as unidentifiable white powders. I was not charged with possession of the mdpv or the spice since it was clear that they were legal from the wikipedia article but they were taken anyway. Anyone have any advice as to what legal standpoint i should take? I was thinking about going with lack of probable cause to search me.
