Who should get charged?
#1
Who should get charged?
The Situation:
A suspected drug house gets raided but the only thing that was found was a half smoked joint and a roach clip. The husband, wife and 12 year old son are taken into custody. The husband and wife and jailed while the minor child is awaiting child protective services. As the officer's are searching the house, one officer finds a toy remote control chevy avalanche. He picks up the remote, move the controls and run the truck into the wall. The truck falls over on the side and a two pound bag of uncut cocaine falls out. Who should get charged?
A suspected drug house gets raided but the only thing that was found was a half smoked joint and a roach clip. The husband, wife and 12 year old son are taken into custody. The husband and wife and jailed while the minor child is awaiting child protective services. As the officer's are searching the house, one officer finds a toy remote control chevy avalanche. He picks up the remote, move the controls and run the truck into the wall. The truck falls over on the side and a two pound bag of uncut cocaine falls out. Who should get charged?
#5
It's in the parents' house - they get charged, regardless if it was the kids' toy or not.
Besides - it wouldn't be the first time a parent had hidden their stash in the kids toys because "the cops wont search there", which is a false belief.
I once found a sleeping baby in a car seat atop 2 lbs of weed when I stopped a car. On top of everything else, I charged the parents with endangering the welfare of a minor. When I saw how the mother reacted from knowing she would likely lose her kid - I poured salt on the wound and charged the baby with possession with intent to distribute. She went completely to pieces. Of course I told the prosecutor that I was doing it for effect, and he agreed, moving the charge back over to the parents once the mom finished spouting about every wrong the parents had ever done, etc. We almost couldn't shut her up... she gave up *everyone*... it eventually led to shutting down a semi-major trafficker in the area. edit: and he was trafficking in things FAR worse than weed, too.
Besides - it wouldn't be the first time a parent had hidden their stash in the kids toys because "the cops wont search there", which is a false belief.
I once found a sleeping baby in a car seat atop 2 lbs of weed when I stopped a car. On top of everything else, I charged the parents with endangering the welfare of a minor. When I saw how the mother reacted from knowing she would likely lose her kid - I poured salt on the wound and charged the baby with possession with intent to distribute. She went completely to pieces. Of course I told the prosecutor that I was doing it for effect, and he agreed, moving the charge back over to the parents once the mom finished spouting about every wrong the parents had ever done, etc. We almost couldn't shut her up... she gave up *everyone*... it eventually led to shutting down a semi-major trafficker in the area. edit: and he was trafficking in things FAR worse than weed, too.
Last edited by srobak; 01-23-2009 at 01:49 PM.
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