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Lindsay Lohan in the Clear Over Photo

5/21/2010 6:12 PM PDT BY TMZ STAFF

Lindsay Lohan won't have to answer to the prosecutor or the judge over the photo TMZ posted this morning ... showing Lindsay partying with a strange white powder in the foreground.


A spokesperson for the L.A. County D.A.'s office tells TMZ they will not even raise the issue in court on Monday, when Lindsay goes before the judge ... and she has been ordered to appear.

The spokesperson says there is no way this photo can be used in court because there is no way to prove what was on the table.

No surprise to us ...  the very first comment when we posted the story was from someone who said there were "obvious lines of blow" -- aka cocaine.

Notwithstanding the buzz, it's not going to be used in court.


313 COMMENTS

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31.

Hub    

I'm surprised TMZ doesn't have photos of her sitting on the john. Slackers...

1531 days ago
32.

Nate    

Lindsay is such a ****ing idiot IF she did say it was a "set up". IF she said that. The photo looks obviously faked to me. She should had said "Its a fake" or nothing at all. IF she did say anything while she is suppose to be on a ****ing fight to NY.

1531 days ago
33.

Mike    

As a young man of 23, I do not condone Lindsay's actions, and pray for her health and safety. But I understand where she is coming from. Lindsay is exploring, just like I do. I do not defend such self-destruction, but she is an adult. Frankly....I say talk to Lindsay, merely recommend counseling, and, although I am no expert, let her live her life. Lindsay is a good girl, just making very bad choices. But they are understandable for her age. This is, after all, 2010. Thank you, and please stay safe Lindsay. There are some of us who love you out here.

1531 days ago
34.

Boddle    

Whatever - she looks pretty hot in this photo. I can't say much for the two gremlins she's attached to, but she definitely looks good. Like in a playful, sleazy I'm-down-for-EVERYTHING "wheeeee" sort of way. Come on people, give some credit where it's due - who's with me?

1531 days ago
35.

Nikkitink    

NOW it looks like a phone...the pic I saved (for comparison for just this reason)from 3hrs ago clearly looks like a powder of some sort the little powder is now missing...freaking BS!!! Way to get paid to photoshop....SAD!!!

1531 days ago
36.

neither of these two sluts    

I HAVE NEVER IN MY LIFE, SEEN SUCH A MEATHEAD JUDGE...IS THE BITCH REALLY THAT STUPID? HOW IN THE HELL DID THIS IDIOT MARSHA BECOME A JUDGE....I HAVE TO SAY LINDSAY IS SURE MAKING HER LOOK FOOLISH IN THE PUBLIC EYE...ITS TIME TO LAUGH AT THIS JUDGE WHO IS RIDICULOUS OR GETTING PAID BY SOMEONE IN LOHANS CAMP.richard

1531 days ago
37.

Mike    

As a young man of 23, I understand where Lindsay is coming from. I pray and hope for her health and safety, but will not accuse her like many on here. She is simply exploring, and such a lifestyle is very, very hard to resist. I myself also indulge. I hope and pray she is safe, and healthy. But Lindsay is an adult.

1531 days ago
38.

Yo    

Whatever - she looks pretty hot in this photo. I don't have much to say for the two gremlins she's attached to here, but she definitely looks hot. Like in a playful, sleazy I'm-down-for-EVERYTHING sort of way. Who's with me?

1531 days ago
39.

Mike    

She is endangering her life, coke can kill after one bump or maybe even less, heart attack/explosions. But as a young man of 23, I will confess that if there, I would probably have done the same stupid s---. Why? Because she is only exploring. I feel for Lindsay, pray and hope she stays healthy and safe, but cannot share the accusations here. Lindsay is being very stupid....but I know where she is coming from. The allure of that life....is rarely resisted.

1531 days ago
40.

TheRealJerseyShore    

TMZ, why are you so intent on seeing this girl go to jail. Jesus F'in Christ who made you judge and jury. Let the courts find out their own information!! Unless you have a photo of Lindsay snorting something there is no F'in need for You to be contacting any authorities! Even if you had a photo of her snorting something, its still none of your business to get involved in.

1531 days ago
41.

LONNIE    

I wish all these rich no talent kids could just get there stuff together. And for the picture WOW if you cant tell that thats blow then your just blind . Its a shame she should go to jail PERIOD . Normal people dont get to play around like this why should the rich

1531 days ago
42.

augustny    

That definitely looks like cocaine and a card right next to it....also notice what looks to be a straw in her hand...Good form

1531 days ago
43.

Kaitlyn    

Those are definitely straws in her hand!!!!! Maybe a straw and a Newport to go with the gaggers lined up!?!?

1531 days ago
44.

ITUS    

SHE LOOKS LIKE HER FACE IS ON FIIIRE!! YEEEE YEEEE ON THE COLA !

1531 days ago
45.

Kevin    

I'm SICK OF THIS LESBO SLUT!
She's on PROBATION FOR MULTIPLE DUI'S...
ALL THE Y HAVE TO DO IS DRUG TEST HER URINE!!!!!



These Hollywood Wild Children DO what ever they F'n WANT TO DO...
IF IT WAS MY BLACK ASS...I'D BE UNDER THE JAIL!!!!



AMERICAN JUSTICE AT ITS FINEST!!!!!!!!

1531 days ago
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