27 September 2009
Joint Constructive Possession of Drugs
September 27 2009 Filed in: Criminal Defense
The police arrested me because I was sitting closest to the pot, and it wasn’t even mine! Can they do that?
It happens all the time. A police officer pulls over a car for a traffic violation. The officer might see some contraband (drugs, etc.) in plain sight. Or the officer might request permission to search the car, and the driver is so scared that he gives permission, and then the police officer finds some contraband (drugs, etc.) in the glove compartment, under the seat, etc.
Then the police officer asks who is the owner of the contraband (drugs, etc.). No one answers. Then the police officer arrested the person who was sitting closest to the contraband (drugs, etc.), or sometimes the police officer will arrest the owner/driver of the vehicle.
So, the question is: Is that right? Is that fair? And more importantly, will that arrest “hold up” in court. The answer is complicated. Read More...
It happens all the time. A police officer pulls over a car for a traffic violation. The officer might see some contraband (drugs, etc.) in plain sight. Or the officer might request permission to search the car, and the driver is so scared that he gives permission, and then the police officer finds some contraband (drugs, etc.) in the glove compartment, under the seat, etc.
Then the police officer asks who is the owner of the contraband (drugs, etc.). No one answers. Then the police officer arrested the person who was sitting closest to the contraband (drugs, etc.), or sometimes the police officer will arrest the owner/driver of the vehicle.
So, the question is: Is that right? Is that fair? And more importantly, will that arrest “hold up” in court. The answer is complicated. Read More...
