Alcohol & Drugs: MIP, MIC, Intoxication Search and Paraphanellia charge

[cluelessinaz]

I was "pulled over" on my bicycle by two officers. I consented to a search. The officers looked through my belongings and happened to find half of a soda straw in the bottom of my backpack.


Q1-What is the best way to decline a search request?

Q2-How is the straw that they found considered paraphanellia?

Q3-Do I have as good a chance beating this $500.00+ fine in court as I hope/think that I do?

 

[CdwJava]

What is the best way to decline a search request?

Advise the officer (respectfully) that you do not consent to a search of your person or your belongings. But do not resist if he does so anyway, and remind him/her that you do not consent to the search.

Q2-How is the straw that they found considered paraphanellia?

A cut straw with a an off-white granular residue is generally indicative of snorting drugs - most often a CNS stimulant (cocaine or meth.).

Q3-Do I have as good a chance beating this $500.00+ fine in court as I hope/think that I do?

If you can argue that it is not paraphernalia, sure.

You never mentioned your state, but in some states there may be diversion options and you may face jail for such an offense.

Consult local counsel.

- Carl