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by dominotw 3530 days ago
This is really a bizarre story. how does someone not know whose car they are driving, how did the pill get out of the bottle and onto to the floor, that too on passengers side. A cop just happened to spot a tiny pill on the floor? how did the university find out about it, do they run criminal records of employees on a regular basis? Why did the judge even convict this person, just a random pill on car floor is enough to convict someone?
4 comments

He was aware it was his grandmother's car, he wasn't aware the brake light was out.

I don't know if you've seen elderly people take pills, but they often have poor eyesight coupled with poor motor skills so losing a pill or two is not surprising. We put my elderly dad's pills in a daily pill holder (one for morning pills, one for evening pills) because he had trouble counting them out himself. Though if a pill is taken on demand, like a painkiller, leaving them in the bottle may be more sensible.

As for how it ended up on the passenger's side, I would hope that if grandma is on narcotic painkillers that she's taking them while she is a passenger, not driving.

As for wether or not someone can be convicted for even one small pill, yes, it is possible... for example:

In NJ: Possessing any amount of a schedule I, II, III, or IV CDS incurs a fine of up to $35,000, at least three (and up to five) years in prison, or both. Possessing any amount of a Schedule V CDS incurs a fine of up to $15,000, up to 18 months in prison, or both. Using or being under the influence of any CDS not for the purpose of treating a sickness or injury (as legally prescribed by a licensed physician) incurs a fine of up to $500.

http://www.criminaldefenselawyer.com/crime-penalties/federal...

A perfectly screwed up law designed to increase arrests without any effort on the part of law enforcement to prove it was legit...
>Prosecutors only have to show that the accused knew the drugs were present and intended to use or control them.

Curious how they established that.

One way is by asking -- if the cop said "Did you know that pill was there", and he says "Yeah, grandma is always dropping pills, I was going to pick them up after I got home".

There, proven that he knew they were present and intended take possession.

It's another example of why you should never talk to the police -- it's not going to help you, and may end up hurting you.

http://www.vice.com/read/law-professor-police-interrogation-...

wow. Thats just insane that you can just get convicted and get your life ruined just like that. Just pure madness. Prbly happens on daily basis to take a productive member of society and throw him into an abyss. scary stuff.
Which is the goal of the drug war.

"You understand what I'm saying? We knew we couldn't make it illegal to be either against the war or black, but by getting the public to associate the hippies with marijuana and blacks with heroin. And then criminalizing both heavily, we could disrupt those communities," Ehrlichman said. "We could arrest their leaders. raid their homes, break up their meetings, and vilify them night after night on the evening news. Did we know we were lying about the drugs? Of course we did."

https://www.google.com/amp/s/amp.cnn.com/cnn/2016/03/23/poli...

If the cop saw the pill during a 5 minute traffic stop it's hard to believe the driver didn't see it the entire time he was in the car.

And there were two things going against this guy. First, cops have a lot of incentive to make drug busts and not much incentive to be lenient.

And second, "It's not mine, it's grandma's" would be the first thing I'd expect from somebody who was abusing or selling pills.

Except in this case the cop would've been actively looking for anything suspicious in the car, while the driver would've been focused on the road most of the time he was in the car.

How often do you look at the passenger's floor as a driver?

As for the excuse, that might be the first thing to expect, but that doesn't automatically make him a liar. The onus is on the law to establish that it's not grandma's. Plus, grandma actually did have a prescription for the narcotic, so even if the excuse might sound shady, it's certainly plausible.

To put it in a different perspective, if I were driving around with empty beer cans in my car, I would expect problems if I got pulled over by the police. Nobody in their right mind would accept the "I didn't know it was there" excuse in that case, and I don't see why pills would be any different.

I agree 100% that the truth should have come out in court and that the end result (if true) was ridiculous. All I'm saying is that from the cop's perspective the evidence on the scene looked sketchy and he did his job.

What's the problem with empty beer cans? Don't you Americans have breathalizers to know if a person was under the influence while driving that you need to fuck people over for being untidy?
US is a pretty messed up place when you consider anything mentioned as 'just doing his job'
I had a tail light out, and had my car taken apart piece by piece because the officer couldn't find the drugs his dog "alerted" to.

The basis of his bringing a dog was simply stereotyping me. In my state there is no probable cause requirement to call in a K-9 unit and have a dog walk around your vehicle. The dog alerted because they are trained to satisfy their handler's suspicions. He didn't find any drugs because there weren't any.

The story sounds bizarre, but it's the policing in our country that is bizarre, not the story.

how does someone not know whose car they are driving... As others have said, that wasn't the situation, but I can give an example. Say your car breaks down. You borrow a car - maybe it is your friends, but it is in their parents, grandparents, or spouse's name. Maybe you know the owners name, maybe you only know the first name - but you don't actually know their name.

how did the pill get out of the bottle and onto to the floor, that too on passengers side. A cop just happened to spot a tiny pill on the floor

It is easy for a pill to get on the floor. I've had those blister packs spill out medicine and dropped pills out of a medicine container. And yes, cops do spot things on the floor - especially when there is high contrast, as is likely with a white or light pill and dark carpeting. It wouldn't actually matter if it is a pill - it could have been a small piece of crumpled paper that looked like a pill.

how did the university find out about it, do they run criminal records of employees on a regular basis?

Some of them do run criminal records. He probably needed time off work, both for court and the probation check-ins. They aren't really keen on working around a work schedule. He might have been required by probation to let them know. He might have been required to tell the school because of other laws as well. He might have missed work because of the jail time. In addition, arrest records aren't private.

Why did the judge even convict this person, just a random pill on car floor is enough to convict someone?

Yes, that is enough - even if you drug test as clean. It is assumed that the inside of your car is something you have responsibility over. Though sometimes folks can wind up getting out of this sort of thing, many don't and many take plea deals instead of going to court. Percieving a lack of options and an overworked public defender can do that.

Sounds pretty normal to me. Pills fall everywhere, cops are fairly zealous and the judge may be as well. The law doesn't work on sane principles.