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  • AADD Moderators: swilow | Vagabond696

urgent advice needed (pill in wallet)

T

Thatwassilly

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Oct 19, 2004
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urgent advice needed (pill in wallet) UPDATE!!!!

Let say I've lost my wallet and It has been handed in to the police station and I have recieved notice to say to come and collect it.
Hypothetically there was a single x tab contained in it.
I have a prior for possession and am currently on a good behaviour bond for that.
Any ideas what tact I should take when i go down to collect it?
Where do I stand legally as it was not on me at the time?
please note this has been posted in legal also just looking for as much help as possible but feel free to close if necessary
 
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U cud get away with it, just say wtf? if i had any pills i would have eaten them... chances are who ever found it took the pill! i would have? wouldn't u have?
 
See I woulda thoughtwho ever found it woulda taken it too, however on the notice it says "call before attending"
..... to make an interview time????
it was really nice of whoever to hand it in but they could have got rid of any hypothetical incriminating evidence
 
I think for the paperwork involved for one pill being in the wallet would not justify them busting your nuts. Even since you are good behaviour bond you should be able to prove it was put into your wallet because 'you're a good lad now since being busted the first time and learnt your lesson'.

For all you know, you lost your wallet at a friends place and they put a pill into the wallet as a stupid joke knowing you was on a bond.
 
so deny all knowledge????
in which case lets face it they will not believe me and probably hassle me out further over it...
although they would conceivably have to prove I knew about it? to charge me
would it be considered to be in my possession even thoughI was not around??
or
admit and hope for a reasonable cop who will let it slide???
 
Deny all knowledge... they have no proof that the pill was there when you lost your wallet...
 
I got busted at sydney airport once with 2 pills... The guard at the x-ray thingy pocketed 'em
 
I would call up a (good) lawyer or student of law?? (agency to give law advice) and find out exactly what can happen in your case;at least worst case scenario. Admitting it was your pill would most probably be the clincher to busting your butt *again*.

Deny all knowledge (always) until you get proper legal advice
 
why don't you call the police station and ask them if it's ok for a mate to pick it up because you can't get there? if they say that's ok, it could be a strong indication that it's not an issue for them.

i guess it would also depend on which state you are in and which police station it is. if yr in nsw, i can't imagine a station like kings cross or newtown making a huge deal about it, but it may be a different story somewhere like mosman etc, (btw - probably best you don't post where you are anyway cos i'm sure some coppers read these forums!)
 
Originally posted by pinkness
Deny all knowledge... they have no proof that the pill was there when you lost your wallet...

Yeah if I had to guess I would agree with this statement.
I presume to be charged you actually have to be in possession of the drugs, i.e. on your person, or in your car/home etc. or there has to be a chain of events which shows you knew the drugs were in the wallet when they picked it up.
Just play it cool, dont say too much, just deny deny deny (and seek professional legal advice before doing anything)
 
Hate to put a conspiracy theory to this, but what if the cops let you collect your wallet, let you out of the station, and then bust you as soon as your out of the door because then you ARE in posession? They don't need to know how you got it, they just need to find you with it.

Ringing before-hand seems a little strange..... I guess the 'right' cop that maybe about to do the above needs to have some warning so he's there. They would have definitely looked you up on their database and seen your file...... I'd cut my losses and leave it.... too many unknowns....
 
Ok , um, I'm a 4th year law student...Here are some basic ideas to work with...

- A total absence of all knowledge is sufficient to escape liability. There is quite a high onus on this one, and the onus will fall on you (I think). This was applied when somebodys house was searched and some old old roaches came up. He genuinely had a "total absence of knowledge". I doubt you would be able to use this if you were to pick up your wallet yourself.

- In order to be done for 'possession', you must be in physical possession. Possession in this sense means quite literally that. If you don't pick your wallet up, you cannot be done for anything at all...you are in possession of nothing illicit. To give another example...if you had a bag of weed, and threw it in somebody's house cos u were paranoid, then the cops came...you could not be done for it as it was not in your possession (you have 'abandoned' it) and your house owner could not be done as while it was arguably in his 'possession' (ie, in his house) he had no knowledge of it whatsoever.

My advice: Send a friend to pick it up. Do not tell your friend that a pill is in it. If he genuinely has no idea, he commits no crime. Once it gets back to you, hide it immediately as it's possible the cops know about it and are trying to source it. Don't have any drugs in your house for a little while.

To reiterate: Not in your physical possession, no actus reus, no crime. No knowledge of it, no mens rea, no crime (unless possession only requires the actus reus and absence of fault acts as the defence...feel free to correct me on this lawyers) but yeh...follow my advice above and you can't go wrong
 
if you get charged, the prosecution have to prove that you were carrying a prohibited drug. the fact that there was a period of time from when your wallet was lost to when it was handed to the police station provides you with a reasonable excuse re possession. i have been involed in several cases involving possession of pills, and unless the charging police officer is a complete fukwit i doubt they would charge you for one pill (most police officers these days would probably pocket it and use if for the weekend anyway, also it's a lot of paperwork). your main problem is the way the police may treat you considering your past record.

if you decide to get a mate to get it for you, i would most certainly let them know what's going on. sorry, cyberdyne but that's just what mates do for each other. i can see your point re the legal perspective, but i can't condone fuking a mate over. if things turn sour, they can just say that they were doing their friend a favour. in my experience, most magistrates or judges would look at possession of one pill by a mate picking up someone's lost wallet as an absolute nuisance to their day and they're so overworked that i'm pretty sure they would say so.
 
thats a bit tight to the friend........ that actually happened to me last weekend but they haven't found the wallet....... good luck... tell us what happened and if they wanted to bust ya they would probably chase you up to your house.....
 
Cyberdyne: excellent advice.

You are right for the most part - when I have more time I'll come up with a meaningful reply. But in short, the High Court has considered this issue many, many times before. It is pretty clear cut.

To be in possession you definitively must have knowledge of it. Constructive possession I believe is sufficient - i.e. if drugs are in your house or car but you are not in your house or car, you can still possess the drugs. Therefore possession is also about exercising a degree of CONTROL.

A wallet - different story. Deny everthing. You have not had actual or constructive possession of it this entire time. You have lost all control of it and its contents.

Even if you did have any control, they must prove knowledge.

The continuity in evidence is also broken. The police from an evidentiary point of view have no case at all as they have no idea at what point the pill wound up in the wallet, and cannot prove you put it there.

And for one pill they are unlikely to take it to trial, DNA test the bag if there is one and go through all that rigmarole.

Additionally imo the police would be under an obligation to remove the pill if they found it in there and destroy it. If they attempted to leave it in there, knowing full well what it is, then wait for you to "find it" = knowledge, and not dispose of it = possession, it would be highly improper. Especially as they know they cannot establish it was originally yours. Arguably a form of entrapment imo.
 
Originally posted by Cyberdyne
My advice: Send a friend to pick it up. Do not tell your friend that a pill is in it. If he genuinely has no idea, he commits no crime. Once it gets back to you, hide it immediately as it's possible the cops know about it and are trying to source it. Don't have any drugs in your house for a little while.


listen to tha man :D
 
onetwothreefour said:
Originally posted by Cyberdyne
My advice: Send a friend to pick it up. Do not tell your friend that a pill is in it. If he genuinely has no idea, he commits no crime. Once it gets back to you, hide it immediately as it's possible the cops know about it and are trying to source it. Don't have any drugs in your house for a little while.


listen to tha man :D
Click to expand...

agreed re having no drugs in yr house but i'm sorry i find the rest of it dubious on both moral and legal levels.

also the police can (allegedly) source it cos they have that details of the wallet owner......! too easy....
 
happyguppy said:
i have been involed in several cases involving possession of pills, and unless the charging police officer is a complete fukwit i doubt they would charge you for one pill (most police officers these days would probably pocket it and use if for the weekend anyway, also it's a lot of paperwork).
Click to expand...

I live in Brissie and in the last 4 months, I have had 3 friends that have all appeared in court and been charged with posession of ONE pill each. (Two of them were involved in one search, and the other person a singular instance) They WILL charge you for one pill.
 
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