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Marijuana in a vehicle not in motion. CVC23222(b) (CRIMINAL LAW & PROCEDURE)

Thu, 21 Dec 2006 19:45:00 GMT
Tags: cabrlast, cars, criminal, cvc23222, friends, lagoon, law, marijuana, motion, parked, procedure, state, street, vehicle, walking

What is the name of your state? CA
Last night my friends and I were walking a long a lagoon with our cars parked on the street above. My friends were smoking, I decided not to because I wasn't in the mood. After a while I returned to my car because I was cold, listened to music and waited for my friends. After some time a cop pulls up, I didn't think anything of it because I hadn't been doing anything. He taps on my window; I roll it down and asked what the problem was. I explain my situations, he then gets very angry and demands the names of everyone I had been with and made me identify all of there vehicles. He asked me at this point if I had any drugs. I produced less then a gram of weed, feeling that lying to an officer looking for blood, or to an officer in general to be a bad idea. Long story short after an hour and a half of searches, call INS on license plates and an eventual search of the lagoon I was written a ticket for with violation code:
CVC 23222(b) - Possession of Marijuana in Vehicle
He then gives me a court date and tells me that he could tow my car. But decided not to because I was cooperating. He then lets me drive home.
My questions are:
If I had been high, or he had believed I was he wouldn't let me drive home because that would be driving impaired. Because I gave the pot to the officer while in the car, which I was not driving, instead of when he searched me out side of the car, it was listed as "in vehicle" is there a high possibility that they will try to restrict my drivers license, even though I was not driving impaired or driving when it was found?
My court date was listed a month later, at which point I will be back in college, he mentioned that tickets like this are sometimes possible to do through mail. Given the situation, do you think it is possible that I could take care of this through the mail?
My third question relates to the way a police officer treats his eventual defendant. Is there a certain level of respect that they must show. This officer was unbelievably aggressive and angry for the situation. When one of my friends had returned from the lagoon he asked For what reason are we being searched the officer responds. Im the only one who asks questions here bud, you got that!? my friend responds, No I dont, I feel like I should be informed on the situation the cop then immediately pushes him against the cop car searches him and throws him in the back. This was just one of the things he did that I felt were completely out of line for dealing with, 18 year old college students just trying to be respectful, in a stressful situation.

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