Marijuana Arrest Legal Guidance

Summary

If arrested in Idaho for marijuana possession, consider obtaining police reports and lab results. Challenge the legality of searches and arrests, and discuss with your public defender the possibility of filing a motion to suppress unlawfully obtained evidence. Explore potential plea deals or diversion programs to mitigate charges.

Full Conversation

August * I was arrested in Priest River, IDAHO as a passenger in a vehicle with */* marijuana joint. I bought it in Washington where I'm a resident & it's legal. I smoked it before I got in the vehicle & the driver was pulled over, the officer smelled marijuana. I spent the weekend in jail in Bonner County, ID & was bailed out Monday for $* after seeing a judge. September * I was in Old Town, Idaho in the Super one parking lot. Just finished a large shopping trip, returned to car to find driver sleeping & almost immediately fell asleep before even putting groceries into car. I was sitting with passenger door open & sitting in the car with my legs out of the car & grocery cart next to car full of groceries. Officer was the same arresting officer from August. Put myself & driver in handcuffs & back of police car. Said he found paraphernalia in car in my bag, let driver & myself go saying he would test said paraphernalia & if it comes back positive for drugs, will issue warrant. Let myself & driver go. Everything was in my bag, appeared officer never took anything... November * pulled over by same officer from prior * interactions. Said warrant for my arrest because lab results came back positive for drugs.. what lab results of what paraphernalia I ask? I still don't know what they took or tested.... found out at Bonner County jail I missed court & warrant was for that. Officer searched me found nothing. Inside jail the arresting officer from that night & prior * interactions instructed female officer to recheck my pocket after I was searched * times... she searched, he Instructed her to look again, she called him over- this was all behind my back, I could not see, and he said my name was holding a baggy with a pill in it he said was a 'mexy' a fentanyl pill. I was given felony introducing contraband to a jail & felony possession. I spent 10 days in jail saw the judge bail was reduced to $* was bailed out that day. I still don't know what they tested at Super One if anything. My Idaho public defender said I could get "habitual offender" even though I haven’t been convicted of anything & no criminal record. What can I do?
Hi ****, it sounds like you're dealing with a complex situation. Here are some steps you might consider:
- Request all police reports and lab results related to your arrests.
- Challenge the legality of the searches and arrests.
- Discuss with your public defender the possibility of filing a motion to suppress any evidence obtained unlawfully.
- Ask your public defender about any potential plea deals or diversion programs.
Do you have any additional information that might help clarify your case?