In Asylum's eternal quest to bring our readers the straight dope, we connected with legal expert and funny guy Tom O'Keefe to answer your burning legal questions. If you have a question for him, drop it in the comments.Q: Can I be arrested for drug possession based on a photo of me taking a wicked bong hit?
Superhuman Michael Phelps's bong photo has triggered a whole mess of questions including, but not limited to: (1) Why the hell is everyone getting their panties in a bunch? (2) Where can I get me that sweet bong? and (3) Will those pictures my buddy just posted of me puffing on Mary Jane get me arrested? Allow me to expose some truths to your likely bloodshot eyes.
Jumping straight to the latter question, this is where my legal expertise comes into play. The answer, my munchies-prone pals, is maybe. Don't mean to harsh your mellow, allow me to explain.
The picture alone can't support a valid arrest for marijuana possession but it may help establish the probable cause necessary for such an arrest. The photo's value depends on what specifics can be gleaned from it: When was it taken? Where was it taken? Who is in it? What where they doing?
After the jump, learn why a bong-hit photo is a particularly bad idea in South Carolina and a few more legal nuggets.
Of course, there really is no way to know from the picture if what you're smoking is weed. Everyone knows that water pipes are often used to enjoy legal, harmless, American-grown tobacco. But in certain states, like South Carolina, possession of drug paraphernalia alone is punishable by a $500 fine. The picture could lead the authorities, as it did in Richland County, to investigate the matter and, after the expense of time and money, come up with additional evidence to support a valid (allegedly) search or arrest warrant.
So does this picture of you -- in which you could be perceived to be steaming the giggle weed -- form the basis for a valid arrest? Would it be enough for a noble officer of the law (sworn to serve and protect the tax-paying citizens of his or her locale) to launch a full-scale investigation? To sign a sworn affidavit, appear before a magistrate, obtain a warrant and, armed to the teeth, search your abode and perhaps put your slacker ass in shackles and throw you in the hoosegow? That depends. If you live in Richland County, well, I think you know the answer. If your humble patch of the American dream lies elsewhere, I can only hope the answer is no. But I'm a lawyer, as far as hope goes, I come up short.
As for the answers to the first two questions:
1. Nothing fuels a media circus like good old-fashioned hypocrisy. At breakfast this morning I asked my cereal box, "Why is a star athlete with a DUI conviction a better spokesperson than one who parties with Sweet Lucy?" The animated feline on the box, wearing a fairly metro bandana, with a name that methinks announces his Italian heritage, growled in response, "They're ... grrrrrrridiots."
2. Thanks to the crack police work of the Richland County Sheriff's department the answer is: "Not on eBay."


























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Saturday 14 February
By J.L. Millikan
OK people I'm tired of all the Drinkers,Pill Poppers and Nicotine Junkies Commenting on what has been for 4000 yrs a Natural plant thats Properties help and Medicate in so many ways.
I'm taking Green Bud as prescribed under Doctors
orders.Now all you Heavy Narcotic (pill poppers)
you think Cemmical Drugs that render you Walking Dead can go SUCK EGGS !
If you have never tried it ?? Then either try some or keep your agenda riddin mouth shut. Heroin addicts take Methadone and nobody gives a rats ass about it. I have 3 or 4 conditions that pot does wonders for and ADHD cases people that
got put on Ridylin stopped and switched to BUD.
I know a Mormon lady that finally stopped using
Heavy Narcotic compounds for pain but put her so far under she was missing her son growing up by being totally comitose. So unless you Smoke or ingest Green Bud so that you know of what you speek instead of being an IDIOT. Everyone today seems to want to see Famous people loose all over
nothing like a bong hit.You best pull your PILL/Booze Ridden Asses out and pay attention to
your GOV. and its ways cause Pot will be least of worry !!!! I've been Smoking for 35 yrs and its my RIGHT to have a plant that brings me relief on many levels. Now go preech
Anti-Abortion and other very private medical issues that are NOT you bussiness, keep yourself
walking your thin Lined Agendas that you don't even follow for yourself to yourself. Keep out of peoples Private Medical issues. For GODSAKE there are still a few drive-up Liqour Stores still operating. Go take thier Jobs and endorsments away so you feel smart. OK Done Here
.............. I'm just so sick of drunks over the years chewing me out for meds I take, while they so self riciously stagger as they speek their Dribble. Calif. its legel, and soon it'll be a TAX opp. for the thieves in Washington, so go avert your EYES to the (Pot User) and pay no mind as Gov. takes all as is now the CASE
Fu$$k Off............... have a nice day
Reply
Sunday 22 February
By josh
who are you getting mad at man?
Friday 27 February
By Smokey
Hey look mother fucker well i have smoked pretty much my hole life and i would like to say well i agree whith pretty much all of the shit you said but one thing there is nothing wrong with us we just have a harder time making it with all the bullshit of humanity and had to find way to cope so you know i have managed to stick with what my grandpa gave me his knowlage before he died he gave me a box full of bongs and pips and bowls of different sizes and shpe and said 2 things never be stengy and always stay myself well from that day on i made myself well me reputation of my self and i think i am exactly what i want to be. So not sure if i got what you where tring to write but i think i got the general ideal.
Peace
MotherFuckingSmokey