Does Anyone Think I Should File A Lawsuit For This?

My son was arrested for having smoked pot in my car last January. The vehicle was parked on the street in front of his High School. According to the police the k-9 Unit detected the smell of weed. They pulled him out of class, searched the car and found a pipe with residual marijuana. It amounted to less than 2 ounces, he was arrested, the 2007 Chevy Tahoe was confiscated and I have not seen it since the time of the incident. The cops are lying, telling the DEA that my son is trafficking drugs here locally. This is false, no evidence presented to indicate this. Infact, the Detective admitted that the amount found in the car was equivalent to a class 3 misdermeanor charge.
   What is one to do when the cops are lying and the public officials remain silent when they are informed of this activity. It's a sad day for our country when the 4th Amendment is trashed and a vehicle is stolen by the cops. Now I have to deal with the DEA and they are telling me since I am contesting the seizure...I have no right to a trial. I didn't realize the United States was now a police state.

I'm sure you've hired a lawyer for your son...ask him...

The attorney says we are screwed since there cannot be a jury trial. This is in direct violation of his VII Amendment right to trial by jury in "matters which exceed twenty dollars"
   I also believe that this is a IV Amendment violation for unreasonable seizure as well.

So does it bother you at all that your kid was driving around smoking weed?

As they say, "the apple doesn't fall far from the tree".  Had I got caught with cannibus, my old man would've lit me up like a Christmas tree.  You've got deeper problems than pursueing an expensive lawyer.  Don't let the kid think this is accepted, normal behavior. 

Yes, we have resolved that problem. I am referring to a much larger problem which is called a violation of our rights as Americans. If we have no rights. We are crapping on the graves of those who went before us and shed their blood to preserve.

That's a cute comment "The apple doesn't fall far from the tree" I have never used any form of drug as a young person or today.

So, if another person used your vehicle and had smoked weed in it unknown to you,the cops should take it, and you should have no avenue to try and get it back?

Residual marijuana of less than 2 ounces. That must have been some freakin pipe...........

Keep in mind you're not talking to the sharpest tack in the box.


Is this vehicle financed or do you own it outright?

HUGE legal difference between personal use and dealing.  Don't take anybody's word from DEA or POLICE that they can prove ANYTHING.

if your kid had close to 2 oz in high school he was dealing Make him get a job an slowly pay you back for the car. Chalk it up as a loss and hopefully it teachers your kid a lesson. Let him take the bus to school.

Cops lie court every second they sit on the stand..judge will NEVER take your side.

No, do not sue anybody. If there´s a plea advise it and move on..

...you´ll get your vehicle back.

1. Because this guy is addressing the legal issues he's now facing you assume that he didn't discipline the kid or think he was at fault? I'm sure that kid was dealt with but now you have a legal mess. 2. The police and the DEA are involved. If there's one suggestion to ignore it's to not bother with an attorney. You should've retained one immediately and one that has federal court experience in these matters, not the guy your buddy recommended that handled his divorce.

I am a lawyer but not criminal defense so don't take this as fact, but I have heard that a car siezed by the DEA in a drug-related arrest is as good as gone. Even if there is a way to demand the return of the car it has to be done in a certain time period or even that is not longer an option.  Hope it works out.

And while I don't think you're going to prevail on any major rights violations against the DEA for asset forfeiture, here's a good article from another group who agrees it's ruining the country:

https://www.fff.org/freedom/1093c.asp

How did the DEA get involved? You did not provide enough info on here. I assume there was a pipe, which is paraphenalia, AND close to 2 oz. If thats the case, and the vehicle is seized, then he was busted for trafficking and you wont get your vehicle back. There is more to this story for sure.

I couldn't help but think the same as I was giving my advice.

Rights? What are those? Dont you know we gave all those up years ago so we could be safe. What kind of little drug dealing terrorist are you raising? Just be glad they didnt raid your house, kill all your dogs ,shoot your wife,and confiscate your house to go along with the truck. Dont you know were at war? Havent you ever heard of the Patriot act or DHS? What kind of American are you? You didnt think those only apply to brown people in another country did you? Why isnt your son in the military anyways? Shame on you for having your son supporting terroism by being involved in the illicit drug trade.

it is also time for us to stop protecting those who do nasty crime . the police should seize every shit from him like they do in other countries . period.   forget the 4TH amendment shit      .,,,    DRUGS/NARCOTICS   ARE DESTROYING PEOPLES LIVES AND FAMILIES  ALL OVER THE WORLD    .

NO SYMPATHY HERE   

This is a tough situation.... bc he was right next to a school that poses major legal problems for ur child. In addition u may be leaving out some information. Was the Swed in one baggie or multiple baggies. Based on the charges I would assume it was in multiple baggies. And if so, ur child is in a very very tough spot legally.

sounds like there is more than we are hearing on this one--better get your coin in order ,,big lawyer fees appear to be on the way

Noble07

 , I'm sure your a nice guy, but my friend 2oz of weed is a huge freaking bag come on bro  .   You must take the police and all of us for being somewhat unintelligent...   2oz of weed is going to reek up any vehicle.  If you don't get it you might want to put down the dank yourself..   Sorry not to have ill will but he deserves everything coming to him..

just a couple of points, it's funny how your kid shit on the rights of the other kids who have a right to go to school without the bull-shit drugs bring.
what about the peoples right to go about their lives not worrying about some numb-skull driving around stoned?
i'm sure if you look around the school campus you'll see signs that read "ZERO TOLERANCE DRUG FREE SCHOOL ZONE" thats where the "UP TO 2oz" comes into play ...that simply means ANYTHING from residue on up, is NOT...NOT...NOT to be within so many feet of a school....EVER, but your kid thumbed his nose at that too.
the earlier poster was right, put that kid in the military, someone needs to instill some morals and respect in him which has obviously been lacking in his upbringing so far

Try thinking about stuff for yourself and stop being one of the sheep. Marijuana is not a narcotic, and it's not a harmful drug or a nasty crime. Just because a few idiots made it illegal long long ago does not mean it is right. We have lots of laws and polices that are wrong.

Do YOU realize how many personal freedoms we do NOT have?

1) Consensual sex between adults? not if money is involved.
2) Marriage between two adults? not if they are gay.
3) Abortion? not really, depends on the state.
4) All natural alternative drugs? LOL not if you can grow them in your back yard for free.
5) Surely guns right?? Not hardly, there are many restrictions and non-violent felons can't have them.
6) Religion? Up until about 10 years ago this was a personal freedom that everyone had. Ironically, this is the one personal freedom is a fear based method to control people. Religion has held humanity back the last several thousand years and longer. But today, in this country, one's privacy is likely invaded if they practice certain religions.

One last comment regarding drugs destroying families around the world... Religion is the 'drug' that is killing people all over the world. The PROHIBITION of drugs is what is killing others. All humans should have the personal freedom to use drugs if they want.

Knowing what state would be helpful, but here's the deal, 2 oz is not a lot of weed. In my state, anything in one container under 1 oz is a citation and anything over 1oz and under a pound is a misdermeanor.

Here's where they getcha.. If you have the weed in multiple baggies, or have baggies in the car, they will get you for sale or distribution. Same goes with a scale, although one can argue they have a scale to make sure they don't get ripped off when they buy it.

So one bag, or multiple bags? and what state?