Paraphernalia

T

Thurgood

Bluelighter
Joined
Jan 9, 2002
Messages
767
Location
Chi-town region
I've got a question here regarding paraphernalia, specifically having to do with the law and needles. As some members of this board may know, the Chicago Police like to pull you over if you are white in "a black area". The take you out of your car, cuff you, search you and your car without even asking permission, etc. you get the point. I don't know how it is done (legally, unless there is something I don't know that lets them search white people in a "black area"). Well, also in Chicago they have the needle exchange, which lets you legally possess neddles and as the membership card states, "the participant is except from prosecution under 720 ILCS 635/1 and 720 ILCS 600/4 for the possesion of hyperdermic needles or syringes or paraphrenalia related to safer injection."
While the card basically says that I could possess needles or other materials relating to safe injection, I still worry. So lets say upon searching my vehicle (which has happend twice now), they find a used cooker (I usually never have anything in my car, this is all hypothetical), will it just be looked past since I have this card, which I belong to the program. Is there anything such as "attempted possesion"? Even though I am legally exempt from the laws related to injection, can they still use this against me to say I was attempting to purchase drugs in a "black area"? I also ask, because once one of the officers saw a mark on my arm he looked like he didn't believe me about it, but once nothing was found in my car, I was let go and told that "I was a bad liar".
So basically, my question is; depsite my exempt from the law, can I still be prosecuted for attempted possesion or any other law?
Thanks guys!
 
Yes the needles and other stuff could be used as evidence in another type of case like possession or as you said attempted possession. Even if you have the excemption for charges on the needles themselves.
You could still be busted on a paraphenalia charge if you are caught with the cooker, that definately falls outside your excemption.
"Attempted Possession" is a tough one to prove, all criminal attempts require specific intent to commit the underlying crime. Just having needles and being in the wrong area aren't enough, you'd have be caught actually attempting to aquire the drugs...the needles and other stuff would be evidence against you but aren't enough by themselves.
Good Luck, hope this answers your questions.
 
Ah, I see, I understand it a bit more clearly now. That definitely helped, I just have one more question. When you say you would have to be obviously trying to aquire drugs to get the attempted possesion charge, would sitting in your car on the side of the road in "the wrong area" constitute attempted possesion, or would an officer have to see someone walk up to my car, hand them money, etc. Thanks again.
 
There isn't a clear bright line when it comes to attempts, sitting in the car isn't enough most likely, cop seeing money change hands+seeing money change hands+paraphrenalia might be.
 
Cool, thanks for the info, eased some concerns. Luckily, I've never been stopped once I had already pulled over, just for driving through. Plus, I don't do the stuff as much anymore really...and with the $750 impound fine, I'm stearing clear for a while...thanks again.
 
Wear long sleeves, and go on foot. You lose lots of your rights when you're in the car. Make sure your needles/cookers are clean and have no drug residue on them when you go for a score, but you can't always control this if you haven't made it back to the exchange lately.
I've heard stories about dealing with Chitown cops on this issue. None of these are rules, just a couple experiences friends of mine have had.
The cops will lie about why they searched you. (Who'd have thought?!?!?) I've heard of cops saying that someone was smoking on the El and he was searched and had needles but no card and got busted. He wasn't smoking and they lied and put his cigarettes in as "proof", so minimize your risk by leaving _everything_ else at home. Also, anything that could possibly in a million years be construed as a weapon should be left behind, since they can legally pat you down for a weapon with no real reason.
If you're on foot in the area, hide your purchase (and money) well, like tape the bag to your crotch or something. If it's in your car, figure out how to take off a door trim panel or something (which requires tools to take off) and stuff it in there. If they have dogs, you're SOL, but I've never run into a canine unit and I don't know anyone who has in the city itself.
<fictional story below>
Tell the cops that you're waiting for a score. Your guy said to meet you (insert place here) at (x :X x) time or "in an hour." They know why you're there and that's why they search you in the first place. (The "law" has little to do with it until they find something...) However, you can make them think you haven't gotten any yet, and "possession is 9/10ths of the law." I've heard a story of people being physically abused using this excuse with West Side cops, but a beating is better than going to jail in my book. (And they got to keep the 6 20-bags they had throughout the whole ordeal.)
Read this too:
http://www.erowid.org/freedom/police/
 
Thanks vvumpscu7, that was a lot of good personal exoperience. The only thing I'm gonna say hasn't worked for me was the long sleeves. One time when I was searched the cop rolled up one sleeve (and i thought he was looking for drugs) then i realized once he got to my inner elbow he was looking for marks. So he lifts the other sleeve and asks what the mark is from and I tell him from the IV at the hospital from my recent car crash, in the end as im let go im basically told that im a bad liar, haha.
 
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