Will Michael Phelps be arrested for smoking pot?

All a good lawyer has to do is request that the sheriff's office produce the marijuana. If they can't do that there is no evidence, hence no case.

Hopefully this will be over soon. Relieved the IOC and some sponsors are treating it as a non issue.

He'd almost certainly get off with nothing much at all...but that doesn't mean some PR-seeking sheriff might decide to throw him in the pokey...

Sqeakyman. They need hard factual evidence. They have none. If nothing else it was burned up. There is no case here.

Bet the outrage would be impressive if this dick cop tries this. In fact, him pushing it might be what is needed to see just what the real public opinion is...it could be good for assisting in the cause to decriminalize pot.

PLUS....ya know Obama would pardon him at some point.

Hard, factual evidence is necessary for a conviction (in most cases); to that much I agree. But any overzealous cop can arrest nearly anyone at any nearly time on nearly any grounds; it happens every day. And if that same cop can enhance his status among his law-and-order constituency by making a high-profile arrest, why not? ;)

"(BTW Has anyone ever wondered how fast he would be if he wasn't ganjed up?)" This can ONLY be your attempt at humor, since he has never tested positive for any illegal drugs during any performance.

Please note that I clarified with Nigel about the settlement details (and his intent with the question) and any arrest related to the photo would settle as Yes (e.g. an arrest for paraphernalia, etc - not just "for smoking pot"). This has been added to the background, as well.

Is it just me or does the reporter in this video seem just a bit defensive?! lol

http://www.cnn.com/video/?/video/podcasts/showbiztonight/site/2009/02/03/sbt.phelps.mishap.cnn

Kellogg has decided not to renew Michael Phelps' contract with them.Kellogg drops swimmer Phelps
Posted: 08:04 PM ET

(CNN) — Kellogg Company has decided not to renew the contract of Olympic swimmer Michael Phelps after a photograph of the multi-gold-medal winner smoking from a bong surfaced, the company said.

“Michael’s most recent behavior is not consistent with the image of Kellogg,” company spokeswoman Susanne Norwitz said. “His contract expires at the end of February, and we have made a decision not to extend his contract.”
Kellogg is not renewing their contract with Michael Phelps.
Phelps made no immediate comment on the action by Kellogg.

Phelps admitted “regrettable behavior” on Sunday after a British newspaper published the photograph. The tabloid News of the World showed Phelps using the bong during what it said was a November party at the University of South Carolina in Columbia.

Great SNL clip commenting on Kellogg's not renewing Phelps contract:

http://tbm.thebigmoney.com/blogs/daily-bread/2009/02/09/kellogg-flubs-booting-phelps

Phelps bong photo leads to arrest of eight
http://rawstory.com/rawreplay/?p=2921

Uh oh...is he next?

Isn't Phelps a resident of Michigan?

Will this settle as "Yes" if he is detained as a witness?

Unbelievable. A cop in their town is making noise in national headlines about arresting Phelps and the dude that owns the Bong Phelps, used AND who still lives in that same town, has it listed on Ebay for a 100k.

Brilliant.

He won't be arrested if he explains he is just taking the first steps in preparing for a run for President of the United States!

@c2r: yeah, probably not the best move!

@nn: right, all three of the last presidents of the USA (incl the present)

Hell, Obama admitted coke, and he's doing okay.

Yeah, he has a career in politics ahead - now if he can just "forget" to pay his taxes for 8 of the last 9 years, he could at least be a Democrat Mayor of Washington DC... !

Heh, he's going to need a driver!

and a hooker in a hotel room, if i remember correctly

This is ridiculous. If it wasn't Michael Phelps no cop would even raise his eyebrows at turning this into a case. I'm beginning if fat-ass pigs with inferiority complexes are going to destroy this Olympic champion's life just to get their shrunken little rocks off.

Regarding no marijuana, no case: There's something called circumstancial evidence. You have a picture of the crime taking place and a public statement by the suspect admitting the crime. I suspect, however, that Phelps has lawyers who can cut a deal with prosecutors before any arrest happens.

Taking that back, you don't actually have him saying he smoked marijuana, rather that he engaged in regrettable behavior (which could refer to Being Photographed smoking pot). Unless they can prove he did it, and he did it in South Carolina, which would mean witnesses, the case would be thin. However, prosecutors looking to "cut a head" begin by arresting little rats to turn on who they're really after. If they get six guys up there saying they smoked pot with Phelps, on that day, in South Carolina, he could be in trouble.

Circumstantial or not, the sheriff is still drawing in the net:

http://nbcsports.msnbc.com/id/29125081/

What is incredibly insane here are the penalties: The maximum penalties are 30 days in jail and a $200 fine. In these times of financial hardships on local governments would you not think that the handling of this matter has exceeded $200? The taxpayers in Colombia, South Carolina should be outraged.
Read below to get a feel for the sentence that Phelps may face:

Attorney Joseph McCulloch said Thursday morning that he has a client who was charged with possession of marijuana and questioned about the now-infamous party Phelps attended near the University of South Carolina campus in November.
McCulloch did not name his client, who faces up to 30 days in jail and a $200 fine on the pending charge.

http://sports.yahoo.com/top/news?slug=ap-phelps-marijuana&prov=ap&type=lgns

latest

they want to make an example of him....someone who was there will make a deal....

@buckeyetom: I would be outraged if I were a resident, and am outraged anyway. I'm not a constituent of this jurisdiction, but am considering writing my legislators anyway. Take a look at the unsolved homicides in their county, and these idiots are focusing on an Olympian simply because he is an Olympian and they stand to gain some notoriety at his expense. Welcome to the bible belt, where Jesus hates< sinners (and that is how it is). Get killed in Columbia and I bet they won't bat an eye. Just put you on the list and focus on what really matters. Columbia sucks, I've been there several times.

http://www.rcsd.net/wanted/unsolved.htm

@chuck:

The name of the country is Colombia - and I have been there too. I would go back in a heartbeat... it has improved in recent years, although it still is necessary to be a little careful. Nothing like it used to be.

I think Columbia is just north of a tiny little town called Pelion. Pelion has an annual weekend concert every September called Nudestock. Nudist come came all over the place to camp and there's an inground pool, hot tub, awesome little creek with a big deck to lay out on and out door showers and real bathrooms everywhere. It's a very cool place.

Sometimes the bands even play nude.

Yes, South Carolina IS in the Bible belt but if you know where to go you can have a great deal of fun....and it's beautiful motorcycle riding.

@conspiracy2riot:

Ah, that makes sense - I was mistaken. Thanks for explaining this!

@notablenotices: The name of the county is Richland. I can't accept that the town has improved given the sheriff.

The southeast (including South Carolina) is home to many very beautiful places. Just sometimes the ideology is very hateful and backwards, as I think this case illustrates.

@notablenotices: Did you mean Colombia, South America? To be clear, I'm talking about the capital of South Carolina.