Criminal Law Questions? Ask a Criminal Lawyer.
No. I was not with him. My spouse lives and works in California but he travels to Arizona occasionally on weekends to visit our son.
He does have priors in California. He did some time for a felony drug conviction (2004) and has been off parole for 3 yrs. To the best of my knowledge he has been clean since his release so the whole thing is distrubing. don't have any information on type of pipe or the conditions of how it was found.
The boarder patol agents issued the citation and sent him on his way leading him to think that it might be a "payable" ticket. The citation stated the charge (just one) as
"possession of parapharnalia/attempt" but I don't have it so I don't have the offense number.
at the check points you have to come to a stop until your waved on by the boarder patrol agent. mean while a K-9 (dog patrol) is being led around the vehicles. If the dog "hits" on something he alerts his owner and you are told to pull up to a secondary station. There they ask you a few questions while the dog sniffs around in the vehicle, in this case it wasn't hard because the pipe was in his computer bag on the front seat of his truck, then if the dog does find something they ask you some more question take you inside to search you if need be (they didn't strip search him like they indicated) but after checking his pockets and talking to him they wrote him a citation told him to show up for court and sent him on his way.
basically yes, if the dog alerts them; that is their "probable cause", if you don't consent they just call the sheriff's department who will search it and then your risk of being arrested increases. They didn't read him his rights so he wasn't arrested. Just a ticket "criminal citation" that he signed as acknowledgment to a court appearance.
His case is filed in Yuma Az.this.
Is this a "serious" offense or a "minor" one? Arizona is a ''No Tolerance" state, do they even have payable fines or is it just "guilty! go to jail."