Mike Vick is in trouble?

I've got a real problem with this whole story. At this point it isn't newsworthy.

Vick going through airport security, baggage search they reach for his "water bottle". He grabs it and throws it in the trash before they get it. They "retrieve it" from the trash. There is no marijuana in it, but they are going to test it for residue.

1. There is NO way they can charge him (and have it stick) with anything.
2. There is no crime for carrying a water bottle.
3. No charges have been filed yet anyway.

His defense would be so easy, it is a huge waste of money and time.

 

Well, it's newsworthy because 1) NFL news is at a snail's pace right now and 2) the man had a bottle with a secret compartment that may have an illegal substance in it. That is breaking the law, and if it does turn out to have marijuana in it, then it could be significant (the fact that it was in a airport makes it a lot more serious.)

 

Oh I dunno, drugs laws (at least here) are reversed and it is on the defendant (not prosecution) to prove he did not know/have/use/etc drugs.

I think they can very easily charge him with possession if there is residue.

 

No way it sticks. They can't verify that they retrieved HIS bottle from the trash. (When he trashed it, it is no longer for certain THAT particular botle was in his possession). Illegal substance residue occurs on many objects and people who didn't have possession of a usable quantity. (Defense can plausibly argue that he was selected because of his celebrity status)

What are the charges anyway? Possession of a water bottle? Possession of microscopic traces of illegal substance?

If they had detained him and submitted him to a drug test (blood or hair) due to reasonable suspcion then they MIGHT have a case.

 

Seems pretty credible to me. Miami Herald is the real deal. And you don't mess around in an airport. Everybody knows that. I have no doubt he knew what he was carrying because of the fact it was only half filled with water and he was reluctant to give it away. As far as making it stick, I think he's right, drug law is reversed. If you are caught with it in your possession, you are screwed. It doesn't matter how it happened. You got caught with it. This could get ugly, and unfortunately for Vick, it is all on tape.

And I would think fingerprints and eye witness, and video would confirm possession. The video alone could nail it down.

 

Exactly. Drug possession at an airport can be real serious in this day in age. If Vick get's in serious trouble, then he can blame himself. Idiot move, and pretty sad IMO. You can't get on a simple plain ride without lighting up? That's what this is if it turns out to be true.

 

My point is that is will be VERY hard to get this thing to stick. There are too many "outs" for the defense. Drug possession charge is pretty cut and dry- but this would not be a "cut and dry" scenario. A good defense attorney (and Vick will hire one) would make an easy day's work out of this.

1. The "residue" issue (if it pans out tests positive). You've got false positive test arguments, residue qualify as possession arguments, etc.
2. Possession- you've got to prove beyond doubt- that was his water bottle they got from the trash.

I'm telling you, the reason that charges haven't been pressed is because DA and/or airport authority are weighing whether or not they have enough to justify the expense. I just don't see it happening.

 

except that no other articles were in the bin at the time

remember he threw it in a recycle bin, which had no other water bottles

 

Imagine if this had been an international flight.

Later