Georgia radio host says he’s been suspended after marijuana arrest
Macon radio host says he’s been suspended after marijuana arrest
Macon radio talk show host Shayne McBryde said he’s been suspended indefinitely from his job at WMAC News Talk 940 pending an internal corporate investigation.McBryde, 37, said he met with Cumulus Broadcasting representatives Wednesday morning after being arrested for misdemeanor marijuana possession about noon Tuesday.
McBryde said he was “at the wrong place at the wrong time” when police knocked on the door of a Center Street residence after smelling burning marijuana Tuesday.
An officer responding to a report of a man with a gun on Center Street about 12:15 p.m. Tuesday couldn’t find the man, but the officer smelled a strong odor of marijuana coming from 982 Center St., according to a Macon police report.
The officer knocked on the door, and the homeowner agreed to a search of the residence, according to the report.
Seven people inside denied having any marijuana, but when told that a drug-sniffing dog was on the way, McBryde admitted having a small bag of marijuana, according to the report.
Officers say another person there admitted to smoking marijuana.
McBryde was charged with misdemeanor possession of marijuana, while the other six people - including the home owner - were cited for being present where drugs are kept, used or sold, according to the report.
Police spokeswoman Sgt. Melanie Hofmann said McBryde had less than an ounce of marijuana.
He was released from the Bibb County jail late Tuesday afternoon on $390 bond, according to jail records.
Sigh.
OK, Stashers, let us all learn from the lesson of Shayne McBride and that stupid homeowner. Repeat after me:
- “I’m sorry officer, I really can’t let you into my home without a valid search warrant.”
- “Officer, I do not consent to any searches.”
I know it can be intimidating when a cop knocks on your door. But if you’ve got people inside smoking pot, letting that officer in your home is a guarantee that someone is going to jail. You have nothing to lose by asserting your 4th Amendment rights - step outside your door, close it behind you, and politely tell them they cannot enter without a warrant. Your refusal to allow a warrantless search is not sufficient for the probable cause they’d need to enter without it. The smell of burning marijuana coming from your home might be enough for them to get a warrant, but that’s a big pain in the ass for them, and they may not want to wake up a judge for what may be a small misdemeanor amount of marijuana.
But suppose the homeowner lets the cops in and you’re holding the bag. Refuse to consent to any searches. Don’t just admit to possession and make their job easy. They threaten to bring the drug dogs? Fine, if they find the weed on you, you’re no more or less busted than you would have been if you voluntarily showed them your weed. Refusal to consent to a search is not going to make your charges any worse - you’re not resisting arrest, you’re asserting your rights.
As for the radio deejay, look, if Cumulus Broadcasting wants to remove all of its employees who smoke weed, there is going to be a lot of dead air on that station…
Tags: 4th Amendment, Georgia, Macon, radio, search and seizure
June 27th, 2008 at 7:48 am
Op-Ed by James Bell 404-452-4668
Communications Director, Libertarian Party of Georgia
Have Mercy!
The recent arrest of Macon radio talk show host (WMAC News Talk 940) Shayne McBryde for possessing a small amount of cannabis in his home should light a fire under Georgia’s Gold Dome to decriminalize the personal and private possession of marijuana.
Our jails and courts are full. Law enforcement personnel certainly have better things to do than harass otherwise law abiding citizens. Around one million Americans are arrested each year for marijuana. Taxpayers have spent hundreds of millions of dollars locally and billions nationally chasing the “evil weed” and those who use.
It still eludes me how McBryde poses any threat to me or his neighbors for possessing marijuana in his home. A bottle of wine in my neighbor’s home certainly poses no threat me.
Cases like this should be used to challenge the constitutionality of Georgia’s marijuana laws. In 1974, the last time the constitutionality was challenged, the court required the defendant to prove that marijuana was a “completely harmless substance” rather than a “relatively harmless substance”. Of course, the bar was set to high. It’s like having to prove that water is a completely harmless substance. Or that sex or sky diving is a completely harmless activity. In life there are many risks. We live our lives based on our willingness to take such risks. It should be legal to take such risk as long as we don’t harm others or violate their rights.
In Georgia less than one ounce (28 grams) is a misdemeanor punishable up to one year in prison. More than one ounce (29 grams) can get you up to ten years in state prison.
Here are a few steps we can take to reduce the harm these laws create. Short of legalization there are many options. Decriminalization is just one of them.
The state legislature should develop a reform bill that will:
1. Decriminalize possession of less than one ounce of marijuana
2. Make one to four ounces a misdemeanor
3. Make more than four ounces a felony
4. Allow cities to set less restrictive laws under their city codes
While this reform is far short of what most reformers would consider being adequate. This move alone will save taxpayers millions; will free up needed jail space; will shift limited resources to more important issue; and will remove tens of thousands of citizen from the criminal element and restore some of the personal freedoms we are guaranteed by our Constitutions.
Most citizens never think about these issues until it hits home. Not until their loved one is standing before the judge. Only then do they pray for mercy.
It’s time we begin a real discussion about this issue and change these Draconian laws.
To the Georgia General Assembly… Have Mercy!
June 27th, 2008 at 11:43 pm
A bottle of wine in my neighbor’s home certainly poses no threat me.
A bottle of wine is certainly more of a danger than a small bag of marijuana. You might hurt yourself if you drop it on your toe. Dropping a small bag of marijuana on your toe is not likely to cause you any harm. In fact, it might make your toe happy - after you pick the bag up and have a bong hit.
It does seem like an unreasonable burden to have to prove the the substance is absolutely harmless. A bottle of wine would certainly not meet that test.
Where are the lawyers? Why can’t anyone beat this stupidity? Why do you keep electing representatives who fail to correct this problem?
-ED
July 11th, 2008 at 8:29 pm
can someone in the state of georgia assist me in getting a misdemeanor marijuana charge from 17 years ago of my criminal history. it was less than an ounce and i was not under the influence when arrested. was not chrged for being under the influence but lost license anyway. i have since gotten it back.
recently i was denied a job for the charge. even though it happened 17 years ago.
i need some help,
sincerely, conrad smith
July 11th, 2008 at 8:49 pm
All I can tell you is to find one of the attorneys from the NORML Legal Committee to help you out. Go to norml.org and click “Find a Lawyer” on the left hand side.
July 12th, 2008 at 6:59 am
Pardons
If your record cannot be expunged, you may be eligible for a pardon.
If you are granted a pardon, it will be placed on your criminal record. The pardon is supposed to help prevent your crime(s) from being held against you.
Georgia can only grant a pardon for State of Georgia convictions. So if you have convictions from another state, or on federal charges, Georgia cannot pardon them.
To qualify for a pardon, you must have:
1. Completed all your sentences at least 5 years ago;
2. Lived a law-abiding life for at least 5 years;
3. Have no other criminal charges pending against you; and
4. Have no unpaid fines.
How to Apply for a Pardon
To apply for a pardon, you must fill out an application and mail it to the Georgia State Board of Pardons and Paroles. You can get the application from the Board by calling (404) 656-5330. There is no fee for submitting the application. Once you have submitted the application, the process takes at least six months.