looks like the popo entered illegally folks! Benson even immediately requested a drug test afterwards! We're not quite on our way to becoming Switzer's Sooners! (i hope) http://www.austin360.com/aas/horns/football/0502/0502benson.html Benson's lawyers: search illegal Police, without search warrant, broke window, they say By Suzanne Halliburton AMERICAN-STATESMAN STAFF Thursday, May 2, 2002 Midland police officers broke a window to gain entry into an apartment before arresting University of Texas running back Cedric Benson and his companion, Benson's lawyers said Wednesday. The lawyers believe that because police did not have a warrant that their subsequent search, which police say turned up mar1juana, drug paraphernalia and alcohol, was illegal. They plan to file a motion in Midland County to suppress the evidence collected against Benson and his companion, Melanie Robinson. Bob Stevens, the assistant district attorney for Midland County who is handling the Benson case, said Wednesday that a judge likely will conduct a hearing on the motion to suppress within the next seven to 10 days. Stevens said he could not comment on the specifics of the case. He said he plans to interview the arresting officers and speak to defense lawyers this week. Benson is represented by Brian Carney of Midland and John Carsey of Austin. Benson requested that UT give him a drug test on Tuesday, according to Carsey, who said Benson was told late Wednesday that the urinalysis showed no traces of drugs. "We asked that he be tested for everything," Carsey said. "There's certainly a distinction between possession and use. . . . The mar1juana wasn't on him, and he wasn't using it. You can take it for what it's worth, but (the drug test results) speak volumes to me. "And, if he had been with a lot of people smoking mar1juana, it very well could have shown up on the test." The drug test was administered in Austin in a state-licensed toxicology, NCAA approved lab used by the university. On Wednesday, Texas football Coach Mack Brown met with his team at the Moncrief-Neuhaus Complex to distribute the players' Holiday Bowl rings. According to a UT source, Brown addressed the Benson case. Benson was present but did not speak. Benson and Robinson were arrested early Saturday morning and charged with possession of less than two ounces of mar1juana, a Class B misdemeanor; possession of drug paraphernalia and minor in possession of alcohol, both Class C misdemeanors. The Class B charge is punishable by up to a $2,000 fine and six months in jail. The Class C misdemeanor carries a fine of up to $500. According to Midland police spokeswoman Tina Jauz, officers were called to the apartment at 2:17 a.m. because of a "loud party complaint." They looked in the window of the apartment, she said, and then knocked. She said officers saw mar1juana in "open view" in several places. Carney said Wednesday that the mar1juana was found in a purse that did not belong to either Benson or Robinson. There had been about 10 people at the apartment for a party earlier in the evening, but when officers arrived, only Benson and Robinson remained, according to their lawyers. The drug paraphernalia, which hasn't been identified, was found in another room, Carsey said. Benson was visiting his mother in Midland. She lives within walking distance of the apartment. Independent inspection of police records in Benson's case has been impossible because the Midland police have refused to release the portion of the arrest report that state law says is public information. The American-Statesman and other media have requested the report under Texas open records laws. The law says "basic information about an arrested person, an arrest, or a crime is not excepted from required public disclosure." The law says the information that should be made public includes an arrested person's name, the location of a crime, particulars of the arrest, identification and description of the complainant and many other details, including such routine factors as the weather. Jauz said the arrest report will be withheld for at least 10 days, which she contended was allowed under state law, while officials decide if it contains information that should not be released. She said that is standard department policy. Texas Attorney General's office spokesman Mike Viesca said the decision to release the report before the 10 days has expired is up to the local agency. However, Attorney General John Cornyn, in an open records order on Feb. 8, 2000 said: "A governmental body must release public information not excepted from required disclosure under the Public Information Act promptly. The prompt release of information requires release as soon as possible under the circumstances, that is, within a reasonable time, without delay." The law "does not entitle a governmental body automatically to withhold for 10 business days public information not excepted from disclosure," Cornyn wrote. Benson, on the advice of his lawyers, has declined to speak.
Thank you, Dadakota. It sounds like Ced was just at the wrong place at the wrong time. Unless that purse belongs to Ced, he sounds innocent. Curious as to why this thread doesn't have quite as many posts as the initial post.
Yeah, since his lawyer said it was only in the purse, it must be true. I don't see how it can be an illegal search if you have a noise complaint and no one answers the door. What are the cops supposed to do? Just say 'no one's home' and then leave?
Why would the police need a warrant to search the apartment? If the police smell and/or see mar1juana, can't they automatically search the place and arrest people? Also, the police can check ID's of anyone drinking alcohol for no reason - I've seen it happen at parties. Let me get this straight: 1) Someone calls in a noise complaint on the apartment. 2) The police look through the window. 3) The police knock on the door. No one opens it (very suspicious). 4) The police force entry into the apartment to talk to the home owner and see mar1juana. 5) The police arrest Benson and his friend. --- Benson has proved he didn't smoke anything that night so the mar1juana charge should be dropped. The only thing the police can charge him with is MIP. Not to pass the blame onto Benson's friend, but it was her apartment and her purse. She should get charged with possession and MIP. Benson's lawyers should just accept what happened instead of accusing the police of an illegal search. It doesn't sound like an illegal search to me. The police were called on a noise complaint and investigated the scene. If Benson and his friend had nothing to hide, why didn't they just open the door? I can understand them being scared and all with the pot and alcohol in the open.
Benson wasn't charged with being under the influence. He was charged with possession so the fact that he didn't have any drugs in his system is irrelevant to the charges. The lawyers sound like they're in full spin mode at this point.
Hmmm, does it make sense to you that cops who show up to an apartment to investigate a loud party, and there is no party, cannot break into said apartment to investigate anything. It is also unlikely that they smelled mar1juana since its obvious Benson WASN'T smoking any, and he and his 'friend,' were the only people left at the party. As they said the 'purse' didn't belong to his 'friend' either. However, it is hardly out of the realm of possibility that the police did enter illegally, and did then just lie and say 'oh sure, i saw big ol bales of pot sitting right on the table and pot smoke was billowing out the chimney.' It happens all the time, folks. And Timing, don't you think the FACT that Benson has not taken drugs would be relevant to an accusation that the drugs were his? Does he just carry around a phat sack in case he ever decides to change his ways and roll a fattie? Not the most plausible of explanations.
Why didn't Benson or Robinson open the door to talk to the police? Hmmm, it seems awfully suspicious. It sounds so simple to say 'sorry officers, there's no party here'. I missed the part about the purse, but it really doesn't matter who "owns" the purse because mar1juana and drug paraphernalia were found inside the apartment...Robinson's apartment. If my friend leaves a bag in my car, and the police pull me over and find it, wouldn't I go to jail? Also, just because Benson wasn't smoking, doesn't mean the other people at the party who left and Robinson weren't smoking. Now Benson's lawyers are trying to supress information from the investigation, what do they have to hide? Benson wasn't using drugs. Maybe police found drugs on Benson? Unless those drugs were in Benson's pockets, he shouldn't be charged with anything other than MIP.
who are you, johhnie cochran? i really doubt officers would risk their careers on three misdemeanor violations. timing's right: the drug test is irrelevant. he may very well be guilty of 'wrong place, wrong time' but he's nonetheless guilty. plus, and it's been awhile, but doesn't pot pass thru your system within 48-72 hours? someone more up on that can confirm for me, but if he was arrested "early" saturday morning and then given a drug test tuesday... that's roughly 72 hours by my count.
new info: sports radio 1300 AM reported this morning that a source has leaked that no radio was found in the apartment, so the "noise complaint" may be false... its wierd that i don't see this fact reported anywhere else, but I thought I would share...
Supression of evidence is the first tactic that defense lawyers use. If they can get the evidence supressed the Police have no case and all charges would be dropped. If the Police entered the apartment illegally and can not prove probable cause, then all charges will also be dropped. Please don't tell me that police in a small podunk town like Midland follow all the laws. DaDakota
Maybe he was DRINKING, tough guy. Sure it matters. Especially if Benson was charged with POSSESSION. Yes, we all know that if your lawyer says the police did something illegal then you must be guilty of all charges. In fact, maybe we should just get rid of those darn civil liberty thingys. They just hold us down. As it is, if the police did not follow procedure, and illegally entered the apartment, they should not be able to do anything. If the glove don't fit... I really think you are naive to believe cops don't fudge the details. There are thousands of documented cases of dirty cops, and there are hundreds of thousands of cases of cops NOT following due process procedure. For you to deny it as a possibility is ludicrous. Besides, they aren't risking their careers as long as they all stick to the same story, which only proves they have incentive to lie about the entry now that its been called into question. Uh, how's that? If he doesn't smoke pot, and didn't have any on him, how is he guilty of possession? I have known people to take those masking agents or body cleansers that passed pot tests in a short amount of time, but would Benson have risked a positive test at an NCAA lab if he was not 100% sure? Remember that he did not HAVE to take the test, and if he was a pot smoker, he could not have been SURE it was out of his system by then.
You hate anything associated with UT, don't you? To me, if he's charged with a crime he didn't commit (remains to be seen, I know), then he should be exonerated. I think he requested an immediate drug test to prove to the public he doesn't smoke pot. I know he can buy one of those detoxifiers, but he could have waited a week as well. Doesn't matter to me. I don't think smoking pot is a bad thing.
I can jusy see it now. These charges on Benson are going to be dropped but half of you will still judge him like he was guilty. I for one am glad the legal system (innocent until proven guilty) doesn't follow the lead of public opinion (if you are charged you must be guilty of something wrong regardless of the merits of case). Ric--You are not breaking a law being in a room full of mar1juana smoke or a room full of underaged drinkers unless you are one of them actually doing the behavior or providing the substances or perhaps own the dwelling.
