At the end of the article on A&M WR Ainias Smith’s arrest two days ago, I speculated the charges would not hold up in court. Smith was arrest for DWI, unlawful possession of a firearm, and possession of less than 2 oz of marijuana.
Smith failed the field sobriety test but passed the breathalyzer test. I’m unsure if any of these charges hold up in court now.
My reasoning was simple: While Ainias failed the field sobriety test, he passed the breathalyzer test. Since he passed the breathalyzer test, he was not drunk. If he was not drunk, the police had no probable causes to arrest him and search the vehicle. If they could not search the vehicle, they would not find the marijuana. Furthermore, if Ainias was not drunk and not in possession of marijuana, he was not guilty of any crime, so possession of a firearm is legal. The unlawful possession of a firearm charges hinges on someone being in possession while committing a crime. If no crime is committed, possession is legal.
Basically, because Ainias was not drunk all of the other charges Texas A&M University Police stacked on are irrelevant. The house of cards UPD created in this arrest just collapsed.
Questionable Arrest
I’m not the only one questioning UPD’s tactics and the feasibility of any of these charges holding up in court. TexAgs’ Billy Liucci also agrees with me.
I talked to three different law enforcement officers Wednesday after hearing the news about Ainias’ arrest. To a man, they all said this wasn’t an arrest you make, and these charges wouldn’t stand up in court. Apparently it only took two days for people in College Station to come to the same conclusion. UPD overstepped their bounds in this instance, and they’re being called on the carpet for it.
Moving Forward
Ainias Smith is currently suspended from the team. Once all charges are dismissed and his record is clear, I expect the suspension to be lifted. Ainias was a team captain during the 2021 season and is a team leader. A&M’s receptions leader with 47 catches for 509 yards and 8 TDs last season, Smith is a crucial part of the offense as A&M replaces Zach Calzada at QB and Isaiah Spiller at RB in 2022.
Texas A&M opens the season hosting Sam Houston State on September 3, I expect Ainias Smith to be starting at WR when the Aggies hit the field.
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