Dec 192014
 December 19, 2014

cops law enforcement special needs students entrapmentImagine that you are caught with four pounds of marijuana in your home by law enforcement. Barring some miracle, you would be arrested, charged, and likely go to jail for quite awhile and pay some hefty fines. That’s what would happen to the average marijuana consumer. There is one thing that could potentially stop that from happening – you are a cop.

A cop was dispatched to a UPS store to investigate a suspicious package that contained over four pounds of marijuana. Normal law enforcement protocol involves filling out a report and taking the marijuana to the station to be admitted as evidence. However, Officer Joe Avila instead failed to file a report, and took the marijuana home with him. I’m not an expert, but I’m pretty sure that’s illegal (insert sarcasm). Despite the obvious crimes committed by Officer Avila, he will not be charged with anything. Per Contra Costa Times:

A search warrant affidavit obtained by this newspaper shows that Avila picked up a box containing about 4 to 5 pounds of marijuana from a UPS store on Nov. 25, 2013. Avila then radioed a dispatcher to say that he would file an incident report.

Avila never did so, according to the search warrant. Instead, in what several police sources have said is a violation of Richmond police policy, the marijuana ended up in his Oakley home instead of being placed into a department evidence locker.

The matter came to officials’ attention after an officer was assigned in January 2014 to investigate Avila’s alleged failure to write more than three dozen police reports, the warrant said.

The Contra Costa County District Attorney’s Office has been investigating since the case came to its attention earlier this year but is not inclined to file charges, said Robin Lipetzky, the county’s chief public defender. According to Lipetzky, the decision likely stems from evidence not strong enough to produce a conviction.

It must be nice to be able to break marijuana laws and experience no penalties when caught. Had Officer Joe Avila just been average citizen Joe Avila, he would be in the grey bar hotel right now. It’s stories like this that give law enforcement a bad name, and lead to allegations that some police departments are crooked.

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  31 Responses to “Police Officer Caught With Four Pounds Of Marijuana Won’t Be Charged”

  1.  

    Gosh Johnny, I thought you knew: laws are only made for us peons.

  2.  

    some are corrupt sarcasm the fact is the “good cops” are being fired for being good cops by the bad cops in power, so they wouldn’t have anyone to hold them accountable or threaten the power they have attained. you know what they say about absolute power. don’t ya

    •  

      There are no good cops. They all are crooked in some way. They are all legal thieves and thugs. Every last one of them

      •  

        You are OFF BASE BUDDY what a narrow minded comment!

        •  

          Well, given the fact that they are able to seize money and property without even filing criminal charges against those they seize it from and then are able to turn around and use that property personally, I would have to agree with ink. Having spent 16 years working closely with a PD that I will not name, I have to admit that most of them were worse than many of the people they locked up. To them, if you are not a cop, you are an a**hole

      •  

        My grandad died chasing thieves and crashing his car going towards Ellettsville Indiana, I was too young to have known him, but they say he was a nice guy
        Dale Mishler Cabin was the name of a cabin at twin lakes named after him, before they drained the lake and changed the area into baseball fields
        the feds really have skewed peoples ideas on what is right and what is wrong
        there is nothing wrong with herbally vaporizing, or toking on a nugget filled bong

        •  

          I just love the way you called weed a NUGGET awesome never heard that before god made the precious stuff and its a shame freedom is obliterated

      •  

        You’re way off base here and clueless about the bulk of law enforcement officers.
        Would you want a job that demanded having to routinely deal with people having your attitude? Of course not.

      •  

        Sorry,
        that’s not fair

  3.  

    “Barring some miracle, you would be arrested, charged, and likely go to jail for quite awhile and pay some hefty fines.” This is California we’re talking about, not Mississippi, Missouri, or Louisiana.

  4.  

    This is not news. There are bad apples in every city, county, and state law enforcement unit. This is just another sign that we need to be more vigilant is demanding these folks are prosecuted, period.

    •  

      “These folks” should not be prosecuted for possession of marijuana. Period.

      •  

        Amen goes to Mr PC

        •  

          prosecuted for the theft-not the herb.

          •  

            This is correct. He should have been charged with the theft of whatever the going rate was per pound in the region he resides. In this case, if the ppp was 2500-3k, he should have been charged with a grand theft of 10-15k.

        •  

          then again, if you look at at the angle that the cops stole the weed, then there’s that, i mean how is justice served?
          they just need to legalize the cannabis communities’ right to partake in the community with out all the silly discriminatory anylitical extreme exterminatorial snobbery, that is is equated with out and out robbery, you have no reason to be mean, suggesting that cannabis users are well, whatever, i am going to toke

  5.  

    Wow imagine that, must of been some good weed!

  6.  

    Why not see it from their eyes? If he had been caught would you want him losing his career over some grass? Not all cops are bad, they’re people too.

    •  

      Damn right I’d want him to lose his job over this

      WE would go to jail, long time jail – IF the cops didn’t shoot us as they kicked down our door & shot our dogs

      He was given a break NO civilian other than Willie Nelson would be given

  7.  

    YOU WOULD HAVE TO HAVE A BRAIN LIKE A POTATO if you thought he was going to be arrested

  8.  

    not only broke drug laws, but police protocol also…

  9.  

    No one should be arrested for the nifty cannabis flowers.

  10.  

    “Cops always know where the best weed is.” – Joe Peschi – “Easy Money”

  11.  

    the law should be the same for us

  12.  

    Reminds me of some friends
    Got busted at JFK airport
    With a suitcase full of brick weed and they went to court Case dismissed
    “Lack of evidence” —

  13.  

    What else did he steal ( Oh, I mean accidentally take home without ever filing a report)?? “an officer was assigned in January 2014 to investigate Avila’s alleged failure to write more than three dozen police reports” . Not all police are bad…but a lot are…and one is too damn many when they are taking away an individual’s right to a safe, pain free
    life.

  14.  

    He should just join the legal trade of cannabis now! http://bit.ly/cannicomicelection2014

  15.  

    are you kidding me? He should be arrested for not sharing!

  16.  

    Should have been fired for theft from evidence at the least. He is clearly a crooked cop. What other evidence in robbery and murder cases would he tamper with? Just bad police work for sure. I don’t care about the pot, just the dishonesty.

  17.  

    He might as well join LEAP now and help them fight prohibition it is apparent he is not for it either

  18.  

    Maybe he was very stressed…or has a family member with cancer…?

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