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Sorry another law question

Morissey

Bluelighter
Joined
Oct 15, 2005
Messages
294
If police are about to search you and you are in possession of a pill but it’s not very well hidden, would it be best to quickly take the pill quickly?

Can you receive any charges from ecstasy intoxication?

What if you took the pill right in front of police before they searched you just so they couldn’t change you with possession, would that work or is it a dumb idea?

sorry to bother you all,
 
If the police are going to search you and you only have a single pill that isn't well hidden then just give them the pill (assuming this is your first offence). Theres a reasonable chance you will just get an official warning.

Take the pill in front of them and I guarentee you will be in for one hell of a night, I dont know what exactly they would charge you with but I'm sure they would.

So imo, if you can take the pill without the police seeing then go for it - but if the police will see it then your choices are to run your ass off or hand over the pill.
 
While you cannot be charged with "ecstasy intoxication" eating a pill in front of police officer is a pretty poor idea, as is running from the police.

Most likely you might receive a warning and be ordered to drug counselling for a small possession charge. Legally, I'm not sure where you'd stand for eating the pill but as the previous poster pointed out, the police could just find something to charge you with.
 
^How about charged with something like "intending to block evidence", "consuming illegal substances", and "posession", the latter can be easily proved my simply performing a piss test. Cops don't like people that make their jobs harder, plain and simple.
 
eating the pill in front off the copper would be very funny for about 5 seconds! then they would fully serch you check your phone find any dodgey txt. take you back to the station(or worse, lock you in a paddy wagon for two hours with some other guy how probelry in there for something a lot worse) threaten you with this and that, go through your record maybe your car if they could find it, maybe even go back to your house with a drug warrent( S.A.).

whereas if you smile be nice( yes sir, no sir, three bags full sir) and be fully compleant i see know reason why they would even want to search you. coppers love people who respect them and treat them how they think they should be treated. lets face it coppers become coppers for a reason.
 
Im so paranoid because a criminal record would really screw me up =/

Thanks for the info
 
Care to elaborate as to exactly it is your uh... friend - I'm assuming - actually did?
 
Im so paranoid because a criminal record would really screw me u
Well eat the pill in front of the police and guarenteed police record.

But a little bit of trivia, all of my friends who have had police troubles never had the chance to eat the pill - chances are you won't see the police until its too late.

The drug war is sad, the best thing you can do to prevent becoming a victim is not to use, if thats not an option at all times minimise the amount of drugs in your possession/on your property.
 
Im so paranoid because a criminal record would really screw me up
If it's only one pill you have on you, there is no need to worry about a criminal record. They will put you onto "drug diversion", which is basically just a warning.
 
To get any useful advice here its going to be a whole lot easier if you give us some more details of exactly what happened to you or your friend.... or are we speaking completely hypothetically?
 
rogan said:
Well eat the pill in front of the police and guarenteed police record.

But a little bit of trivia, all of my friends who have had police troubles never had the chance to eat the pill - chances are you won't see the police until its too late.

A lot of place don't have a charge for consuming drugs, only for possession. In NSW there IS a charge for consuming drugs under the Drug Misuse and Trafficking Act, so I suppose they could argue that they saw you eat it. If there's only one police officer -- which is unlikely -- you could staunchly deny any wrongdoing and probably get off.

They can't force you to take a drug test of any kind unless you've been driving a car. They can probably photograph you for police records.

Ultimately its a gamble that some are willing to take.

Better idea: don't get caught.

There's very little reason for anyone who takes precautions to get caught.

Don't carry pills where there's sniffer dogs. It's really that simple. I never do, and most of my friends won't take the risk either. It's just russian roulette
 
Im just curious if you only have 1 or 2 pills on you is there any chance you will get a criminal record from some dickhead cop, or do they have to give you a warning and send you to drug councelling on first offence.
 
Morissey said:
Im so paranoid because a criminal record would really screw me up =/

Thanks for the info

I think a couple of you might be a bit confused. If I'm not mistaken, he's not saying he (or his friend) has a record, just saying if he got caught and as a result, got a record, it would ruin his life.
 
Morissey said:
Im just curious if you only have 1 or 2 pills on you is there any chance you will get a criminal record from some dickhead cop, or do they have to give you a warning and send you to drug councelling on first offence.

I don't think they have to give you a "warning and send you to drug councelling" for a first offence, but if you only have 1 or 2 pills and are polite and co-operative with the police, they most probably will just give you a warning. Police (usually) have better things to do than bother with someone who only has a couple of pills, unless you piss them off.
 
Four is the amount they charge you on a traffickable offence. You will get a court summons if you are caught with four or more. Anything less is a fine. Even four with a first offense you will most likely be let off without a record.
 
My Personal Experience

Always carry pills in your underwear, or another area that they can not search without detaining you and taking you to the station.

The police can search you or your car without arresting you if they ‘reasonably suspect’ that you might possess drugs.

They can also perform a search if they suspect you may be in possesion of break and enter equipment.

I had the later experience one night.

After getting into my car and starting it, I proceeded to change the CD when there was a tap on the window with an undercover showing me his badge. Not even worrying they suspected me to be in possesion of drugs, I rolled down my window and proceeded to answer his questions forgetting the rule of telling them you're on your way to work and answering minimal questions.

It all started off nice and pleasant

Officer : Hello I'm Const X from XYZ Police Station. We are performing undercover work in this area because of recent break and enters can I ask you what you're business is in this area?

Me: I was just dropping some clothes off at a friends place that I'd borrowed last weekend.

Officer : What is your name

Me : (Gives name)

Officer : Can we see your drivers license

Me : I lost it and I still have to replace it, I have my passport in the car somewhere.

Office : Do you have any ID with your name on it?

Me : Show bank cards and give them my business card

Officer: And what is your friends name that you were visiting

Me : Joe (Incorrect christian name was given)

Officer : And what is Joes last name

Me : I'm unsure, I only met him recently through my boyfriend

Officer : And where does Joe live

Me : At the end of that street (Me pointing to the street)

Office : So why did you park all the way over here?

Me : Becuase there was and still isn't any parking around there.

Officer : So if we were to search you and your car we wouldn't find anything that shouldn't be there

Me : No

Officers recount the events with me agreeing to what they have documented, I ask if I can now be on my way

Officer : We have reason to belive that you are in possesion of break and enter implements so are going to be conducting a search of you and your vehicle. Will we find anything that shouldn't be there?

I was just dumbfounded....How could I be suspected of that when I'm sitting in my car with it running, keys in the ignition? It did have plates from a different state but still, I was sitting in my car!

Me : No

So the police start to search, looking under the seats, in the glove box and then pull out my back pack.

Officer: Will we find anything that shouldn't be here? (As he opens up the compartment of the backpack with the weekends supply)

When I saw he was about to turn his head back to the bag and its magical contents,

Me : Yes

Officer : And what is that? (While looking at the drugs)

Me : Drugs

So, they emtied out the bag and facing defeat I thought now was the time to be cooperative.

When asked which drugs were which I told them.

They asked why I had them to which I stated they were for me and (first mistake) my boyfriend. It was his going away weekend and we were going to do a lot of clubbing.

They asked me where I got them from and I told them I got them in (notorious drug area) last weekend and during the week.



At that point they said i was under arrest and off I went to 4 hours in custody for processing.

I had a lawyer there within 30 minuts of making my call and thought hey, they searched me for this reason and have arrested me on evidence not related to the search, but that hope quickly fizzled when told thats only in the states.

Through out the entire interview process they continually kept asking me if I wanted to tell them where I got them from.

I know what happens to informers and was prepared to suffer the consequences for my actions. Never once did I think of informing, although, the rumours were flying around and my name got dragged through the mud in a matter of hours. If I was an informer, I wouldn't be here today.

They asked me how much me and my boyfriend would use and I explained honestly the amounts we would consume during a weekend like that.

All up my charges were 2 supply and 4 possesion with another possession of a restricted/perscribed substance added at one of the initial hearings.

1 count of supply was due to the ammount of ecstasy I had being over the 3g weight/ 15 pill limit.

the other count was due to me saying that I intended to supply another person with the drug

because i was working full time for a well known company i was given bail on my own recognition and then had to deal with all the rumours going around about me being an informer.

After 7 months of court, I finally have my sentencing date and am now facing 1 supply, 2 possesion and 1 possestion of a persribed/restricted substance.

The DPP was successful in having the case moved to the district court, which can impose much higher penalties than the local court and the police think that I was running a small drug business.

If I had put the items in my underwear they wouldn't have found a thing. But I was ignorant to the possible penalties I could face when carrying what I saw as a small amount, as it was only for two people over the course of a weekend.

For those in NSW i suggest you look for the drugs you use in this document and learn what you can be charged with when carrying your regular night out "selection"
NSW Legislation

Also, it doesn't matter what the MDMA content is. You will be charged with supply if they weigh over 3gms regardless of having 10mg MDMX or 150mg.

My lawyer told me that ever since Anna Wood, they have really increased the punishments in relation to ecstacy so that haveing 3gms of pills is just as bad as having 3gms of cocaine.

I wish someone had told me all of this earlier on or if they did I'm sorry for not listening. I really would like to not be facing what I currently am. What seems like a harmless amount for personal enjoyment can carry sever penalties that can end up changing your life drastically.
 
etch-a-sketch, firstly thanks for sharing in such detail, secondly, welcome to Bluelight and finally, sorry to hear about your situation.

:)

Reading over your story, I couldn't help but get the impression that things could have turned out so differently if only one or two things had been changed in the first five minutes of your encounter with police... i.e. having your license on you.

If you weren't actually doing anything dodgy in the area at the time, I'd have to say you were extremely unlucky to be caught that way.

I'm often warning people around me and also on this website to be extremely cautious, if not paranoid, when in possession of even personal amounts, and it's remarkable how few people actually listen. Hopefully your story might be a wake up call to some others out there who think they'll never get caught, as it shows how a little bit of bad luck can bring a world of trouble.

Also, as many others will probably tell you here, an important rule to remember is to never say that drugs are for someone else because that immediately implies supply/trafficking.

I hope sentencing goes okay for you :\
 
^good advice. It's worth repeating that laws vary slightly in different states. For example, in Victoria the relevant legislation is the Drugs, poisons and controlled substances act 1981. Here's a link to the Vic Government info page on drugs & poisons - http://www.health.vic.gov.au/dpu/

Drug diversion is something that can happen in Victoria for personal use amounts, for people without prior drug convictions. I do not know if having a diversion order will show up on, say, a police check by a potential future employer...

The most common advice from community legal centres about dealing with police seems to be to:
- be polite
- give your name and address when asked
- otherwise give no comment
 
VelocideX said:
A lot of place don't have a charge for consuming drugs, only for possession. In NSW there IS a charge for consuming drugs under the Drug Misuse and Trafficking Act, so I suppose they could argue that they saw you eat it. If there's only one police officer -- which is unlikely -- you could staunchly deny any wrongdoing and probably get off.

yeah, its called 'self administer a prohibited drug'.

i got busted once at a house party with pot and they asked me 'have you been smoking this' i said yes, because i didnt want to lie, so they added that charge on there too.
 
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