can driver be arrested if passenger has weed?

Discussion in 'Legal Issues' started by bonez901, Mar 27, 2009.

  1. 1956

    1956 Sr. Member

    The unasked question

    What are you doing as the driver to get pulled over and have everyone in the car searched by the police? Piss off a LEO with stupid driving or a nasty attitude towards his/her authority and anything is possible. When you get to court it is the word of a respected law enforcement officer or 2 teenage stoners.
    Look up "teenage male trifecta".
     
  2. Code347

    Code347 New Member

    Well I guess the question has to be asked- How did they know that you knew? If you told them, then you have implicated yourself in a conspiracy type of situation. When dealing with law enforcement, I know you may want to tell them everything to avoid having to take the trip to jail, but I must tell you...everything you tell a police officer...will be used against you if it needs to be to satisfy elements of a particular crime. Police are intimidating. They are trained to be. In the future, remain calm, answer the questions truthfully, and if it may incriminate you, don't answer and ask for an attorney.
     
    2 people like this.
  3. 1956

    1956 Sr. Member

    She might get charged until her lawyer suggest to her parents that she claim her older male friend told her to hold it because she would face less of a charge as a minor, then you get into a whole new area of problems relating to corrupting a minor.
    Again, is this a hypothetical question or related to an anticipated, or past real world experience?
    Why are you getting pulled over and searched?
     
  4. phuzz01

    phuzz01 Sr. Member

    In my state you would still be guilty of a crime. The crime of transporting drugs has the following elements:

    1. driving
    2. a vehicle
    3. upon a way
    4 while knowingly having in any part of the vehicle a controlled drug

    So if you get pulled over, you are already meeting elements 1-3. And if you know that your passenger has weed, then you meet element 4, since the passenger with drugs is in any part of the vehicle. Therefore, you are guilty of transporting drugs. As Buzzby mentioned, though, it requires proof that you knew it was there.
     
  5. Vicki

    Vicki Cat Whisperer

    This begs the question.....how often does a LEO believe that a driver had no knowledge of the marijuana his passenger was carrying, especially if it's a bunch of kids, or younger people.

    IMO, he might believe it, if it was a Mom and her kid driving in a car. :shrug:
     
  6. antidestro

    antidestro New Member

    Okay lets scrap almost all the posts and take pieces of correct info and put it into this post:

    First thing is first, YES you can get in trouble! now for the schematics so to speak; as posted before there are two MAIN parts to a charge like this: possession and knowledge. Lets deal with possession first, possession charges can be presented to the city prosecutor (not the DA lol your watching too many movies) in two ways: actual possession, and constructive possession. actual possession is what the girl would be charged with and depending on many different things (what you said, how you acted, reason for search, etc...) you may be charged with constructive possession.

    Constructive possession refers to a situation where the person (you) has knowledge of the item and ability to access it. Since constructive possession deals with the knowledge part more than the actual possession part, lets go ahead and deal with knowledge now.

    Whether or not you actually knew the female had the cannabis, only YOU know; but if there is enough evidence that you had dominion and control the state will allow the prosecutor to pursue a conviction for possession of marijuana. Dominion and control in basic terms means that you had knowledge of the whereabouts and the ability to access the item. I will not get into what you should have said, done, etc... because you know what was said/done at the time, and you know if the officer has enough evidence.

    Now, between buzzby and theinvisible: theinvisible, if you know, they have to prove it, being your vehicle and your ability to access the "bag of weed" I would say unless you have a good legal council, you would be convicted of possession :(


    That is a good question, and yes you do have a law student :D


    If you need help with defense I will try to help you with that also... Can I ask what the officers reason for making the traffic stop, as well as the reason for the search. remember the officer must have probable cause or he is eating fruit from the poisonous tree :)
     
  7. phuzz01

    phuzz01 Sr. Member

    Not very often. Now let me ask you a question: how often do you think that the driver really doesn't know that his passenger has weed? More often than not, we find it because all of the occupants have been smoking the marijuana in the car, so obviously everyone knows it is there.
     
    2 people like this.
  8. Vicki

    Vicki Cat Whisperer


    My point exactly. :)
     
  9. Mike C

    Mike C New Member

    Police can arrest you at anytime for anything. Whether or not you beat it in court is a different story. And suing is always an option.

    I had some friends who were arrested as passengers in a car. They were drunk in back seat coming home from a bar. Driver gets pulled over, has a joint in the car, admits it is his, and they arrest everybody in the car for it. The passengers charges got thrown out but in MA they still have criminal records for the arrest and one is now a school teacher. Great justice system with the criminal records in MA, guilty even when found innocent.
     
  10. Mike C

    Mike C New Member

    I think it's rude to carry as a passenger and not tell the driver but it's happened to me. I never carry pipes, etc. but a friend always does and I had to let him know a year back I didn't want it in my car, when I was driving. And of course I told it was not cool to do that to people and not let them know..

    But not as much to worry now that it has been decriminalized in MA. But it does happen, especially if you run with the heads I do.
     

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