How can you prove someone was smoking marijuana from a picture?

[marmar]

He could have been inhaling Mountain Dew in the picture. Idiotic marijuana laws produce idiotic statements from idiots like these: :dunce:



Reuters via Yahoo!:



Phelps could face criminal charges: report


RALEIGH, North Carolina (Reuters) – Record-breaking Olympic swimmer Michael Phelps could face criminal charges following the publication of a photograph purportedly showing him smoking marijuana, The State newspaper of Columbia, South Carolina reported Tuesday.

A South Carolina law enforcement official said he would charge Phelps if he could prove the U.S. Olympian smoked marijuana in his county.

"This case is no different than any other case," Richland County Sheriff Leon Lott told The State.

Lott's comments come after a British newspaper published a photograph purportedly showing Phelps smoking marijuana at a party being held by students at the University of South Carolina in Columbia in November.


http://news.yahoo.com/s/nm/20090204/sp_nm/us_swimming_phelps

[seabeyond]

1. told hubby last night. prove it wasnt tabacco. n/t

[ThomWV]

2. Most guys who smoke a good bit of weed, well, you can just ask them. They'll tell you

And maybe offer you a hit too.

[DrDan]

3. well, him admitting it is a start

[marmar]

8. Did he actually admit he smoked marijuana - literally? I never heard him say that.

I've heard him say things like "made a youthful mistake" and "regret what I did" but not the words "I smoked marijuana." Implied, but not expressed.

[DrDan]

14. if he said "I smoked marijuana" - then some would then claim

"but he didn't admit it was him who was in the picture."

c'mon - he admitted it.

[marmar]

19. I'm sure he smoked it.....but lawyers can easily exploit those little technicalities.

n/t

[seabeyond]

9. all i heard him say is that it was a mistake and that he shouldnt have done it. did he

admit or say pot? i dont remember

[DrDan]

15. so what was it he did but shouldn't have?

c'mon - he admitted it

No jury in this country would interpret his statement otherwise.

[seabeyond]

16. look, i htink it is ridiculous that the police is going after him. i am all for him NOT

getting in trouble. i dont care if it is in your face obvious, the law is technical. and if he did not say yup, was smokin pot in that there bong, then i say fight it and get off.

[DrDan]

17. oh I agree - to go after him is ridiculous

[Romulox]

18. That's not how the burden of proof works in a criminal case. nt

[DrDan]

21. is that statement not admissible as evidence?

[Romulox]

22. Nope. But any 1L (or TV drama fan) knows the phrase "beyond a reasonable doubt".

Phelps doesn't have to prove what was not in the pipe; the state has to prove what was in the pipe to secure a conviction.

[DrDan]

25. so it is an interesting predicament that he faces

He can probably beat any charges - although they would probably be quite minor. In doing so, he would also lose face with his fans - having beat those charges on a technicality.

Or - he can admit to it and pay a fine and probably be forgiven by the public - but maintain some marketing ability.

Comes down to dollars and cents (sense) once again.

[Romulox]

31. Not exaclty. A resposible DA will not bring a case he knows he cannot win.

Which is why this won't likely rise beyond the level of the back-woods sheriffs involved...

[ProfessorGAC]

35. That's What I Was Wondering

It seems it's an unwinnable case. You answered my question, before i even asked it.
GAC

[hobbit709]

4. You can't

[tekisui]

5. You can't, unless he admits it. It is a waste of money for this to be entertained.

[.... callchet ....]

6. He should have said it helped him.

[izquierdista]

7. You're talking about a place

Where people believe Christ rose from the dead -- without any pictures at all!

[Coexist]

10. Criminial charges?! that is bullshit

what the hell is wrong with people?

[KharmaTrain]

11. He Can't...But It Sure Got Him On Teevee...

Any lawyer worth his degree would shoot holes through any case brought and then turn around and sue the crap out of the DA. All he has is a picture...not the bong nor fingerprints or anything else. Just a picture.

The precedence would be haunting if it weren't so laughable...this would allow any zealous prosecutor to waste time and money on witch hunts based on tabloids. Let's see if charges are brought...sure sounds like yet another "sherrif" with bigger plans hoping this is his springboard.

Cheers...

[RadiationTherapy]

12. Good. The more absurd the better.

I hate these fucking close minded redneck bastards.

[mdmc]

13. yup

[Romulox]

20. This is all a publicity stunt by a couple of backwoods sheriffs.

The same sort of "law enforcement officers" that scan the freeway, desperately seek for an out-of-state plate so that they can collect their "out of towners' tax". Many of them have credit card machines right in their cars!

[.... callchet ....]

23. The DA probably wrote his public apology.

[Nicholas D Wolfwood]

24. It's Nifong syndrome, all over again. (nt)

[asdjrocky]

26. Sometimes, a picture is all you need-

[Fuzz]

27. Exactly

;)

[asdjrocky]

29. Dance! Dance!

[spanone]

28. when oh when does the reefer madness end?

[LeftinOH]

30. Well- if pictures are all thats needed, that Sheriff better get to work::

[ima_sinnic]

32. lol! good one! and where are ALL those pix of that s**t-for-brains w a coke mustache?

I'm sure there are several dozen of him leaning in real close with a rolled-up $50 to a mirror with a razor blade and a "mysterious" "white powder."
:eyes:

[BirminghamExaminer]

33. Who really cares?

We all smoked pot at least once in our lives, right? He's not the head of the Department of Health and Human Services is he?

Don't tell me he's a role model. Parents and peers are your childrens' role models.

[Freddie Stubbs]

34. This is all just bluster on the part of the Sheriff

He knows that there is not enough evidence to prosecute, but will go through the motions to show that he is tough on crime.

[H2O Man]

36. There are usually

the dead bodies of the marijuana addict's victims, as well as mangled automobiles in the background. Another clue is if the addict is playing piano in the photo.