Possession of Paraphernalia Case Leads to Hung Jury
Possession of Meth Pipe
Hung Jury & Dismissal
My client was charged in San Mateo County with possession of paraphernalia under Health and Safety Code § 11364 for allegedly possessing a methamphetamine pipe. My client was stopped by a Daly City Police Officer while she was walking on Geneva Avenue around 10:00 p.m. The officer stopped her and asked her if she had anything illegal on her. My client responded that she had a meth pipe. The officer asked for consent to search the jacket. She reportedly provided consent to search. The cop finds a meth pipe in a jacket that she is carrying. My client admits that the pipe is a meth pipe. [We lost the motion to suppress evidence prior to trial which challenged the lawfulness of the encounter here]. Anyway, my client wants her trial because she doesn't want to do 15 days jail. At trial, she explains to the jury that the jacket was her friend's and that she was returning the jacket to her. Also, she did not know the pipe was in the jacket and denied admitting to the officer that she had a pipe on her. Three jurors believed that my client wasn't guilty. Hung jury. The D.A. dismissed the case!