Should you pick it up?

unmarked pulls you over on the street . they pin a stepped on mj cig on you and ask you to pick it up.
you don't pick it up.
they do and put it away for evidence.
if you fight it they really can't say its yours correct?
if they say that they have seen you pull on it and step on it

can you beat that rap?
its only a ticket.

a friend is asking me for advice
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