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  1. #1
    Join Date
    Oct 2008
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    9

    Exclamation Passenger Charged for Drugs in Car

    My question involves criminal law for the state of: Tennessee (davidson county)

    I'm going to go right into it. I was recently working with a buddy of mine on the road. We got stopped and the officer searched his car. The officer found a very small amount of pot (a bud the size of a nickle) in the floorboard of his car. The pot was around the middle of the floorboard between us. The officer cited me for the pot that was in his car. My friend is also prescribed to a schedule II substance for a back injury. They confiscated the pills and cited him with simple possession II. I am just wondering how I got cited for something that was not on my person and was in his car. About 3 years ago I got caught with marijuana and the charges were expunged in Rutherford county TN. I quit smoking ever since. I'm just wondering if this is lawful for them to charge me for the marijuana that they found in his car. And I will plead not guilty because i know for a fact it wasn't mine. I just need some input on the whole thing. It's stressing me out because i need a clean record to get a job. Thanks for reading my post, I hope to hear something soon.

    -wrongfully accused

  2. #2
    Join Date
    Jul 2006
    Posts
    5,438

    Default Re: Passenger Charged for Drugs in Car

    You were charged with possession (not ownership).

  3. #3
    Join Date
    Oct 2008
    Location
    Washington comma the Great State of.
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    1,211

    Default Re: Passenger Charged for Drugs in Car

    Quote Quoting andyfox1987
    View Post
    My question involves criminal law for the state of: Tennessee (davidson county)

    I'm going to go right into it. I was recently working with a buddy of mine on the road. We got stopped and the officer searched his car. The officer found a very small amount of pot (a bud the size of a nickle) in the floorboard of his car. The pot was around the middle of the floorboard between us. The officer cited me for the pot that was in his car. My friend is also prescribed to a schedule II substance for a back injury. They confiscated the pills and cited him with simple possession II. I am just wondering how I got cited for something that was not on my person and was in his car. About 3 years ago I got caught with marijuana and the charges were expunged in Rutherford county TN. I quit smoking ever since. I'm just wondering if this is lawful for them to charge me for the marijuana that they found in his car. And I will plead not guilty because i know for a fact it wasn't mine. I just need some input on the whole thing. It's stressing me out because i need a clean record to get a job. Thanks for reading my post, I hope to hear something soon.

    -wrongfully accused
    You'll have to give a little more information . . .

    Where were you in the car? Where was the pot?

    How did the officer come to search the car?

  4. #4
    Join Date
    Oct 2008
    Posts
    9

    Default Re: Passenger Charged for Drugs in Car

    I was in the car, passenger side, the pot was in front of the middle console on the floor. The car was searched after my friend said they could. The officer leaned down in the floorboard and found the pot. We didn't watch him search the car.

  5. #5
    Join Date
    Oct 2008
    Location
    Washington comma the Great State of.
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    1,211

    Default Re: Passenger Charged for Drugs in Car

    Quote Quoting andyfox1987
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    I was in the car, passenger side, the pot was in front of the middle console on the floor. The car was searched after my friend said they could. The officer leaned down in the floorboard and found the pot. We didn't watch him search the car.
    And were both you and your friend cited for its possession, or just you? He didn't fess up to it being his pot even though it was, and you didn't tell the officer that it's his?

    You should pick a smarter friend to ride with, or at least one who will claim his drugs to keep his innocent friends from being charged with them. Simply declining to let the officer search the car might well have prevented all of this. Of course, so would not having drugs in the car. Also him claiming ownership of his drugs would have done so as well.

  6. #6
    Join Date
    Oct 2008
    Posts
    9

    Default Re: Passenger Charged for Drugs in Car

    Yeah the officer told me that the only way to get the charges off of me, was for him to confess that the drugs were his. Problem is, he thinks the cops planted the drugs. Which I totally think is false. Is there any way to get the judge to realize this confusion?

    EDIT: My friend was charged for schedule 2 pills that were his. he had prescription. he had no pot charges.

  7. #7
    Join Date
    Oct 2008
    Location
    Washington comma the Great State of.
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    Default Re: Passenger Charged for Drugs in Car

    Quote Quoting andyfox1987
    View Post
    Yeah the officer told me that the only way to get the charges off of me, was for him to confess that the drugs were his. Problem is, he thinks the cops planted the drugs. Which I totally think is false. Is there any way to get the judge to realize this confusion?

    EDIT: My friend was charged for schedule 2 pills that were his. he had prescription. he had no pot charges.
    Don't take legal advice from the arresting officer. They are not working in your best interest to have the case decided against themselves.

    Again, get a better friend.

    You need to talk to your attorney about your case to see why an unclaimed quantity of pot was decided to be yours. (Is there something you aren't telling us?)

    Well, having your friend confess to it being his pot is one way to get the judge to realize this "confusion". But I wouldn't count on that given what you've said your friend has said.

    If it's a criminal charge and if you can't afford an attorney, you might qualify for a public defender. You seriously need to bring this to some attorney though.

    As for whether it's legal or not for you to be charged with possession of drugs in his car goes, well, maybe, maybe not. If you possessed them, then you can be charged for it no matter where you are. Just because you're in his car doesn't mean they have to be his drugs.

    The officer will have to have some reason to believe they're yours to charge you with it. There has to be some reason he decided they're yours and not your friend's . . . who was already charged with carrying another drug.

    But, you do have a conviction in your record for possession of this type of drug. That might have factored into the officer's decision making process. Maybe not.

    One way to find out is by getting an attorney and subpoening the evidence officer and his pc statement as to why he found probable cause to believe they were in your possession.

  8. #8
    Join Date
    Oct 2008
    Posts
    9

    Default Re: Passenger Charged for Drugs in Car

    Thanks for your quick response. I would like to know why they thought it was me that had ownership of the drugs. I didnt think that the previous charge would even come up on my record if it had been expunged. I will talk to a lawyer and see what comes out of it. Thanks so much once again. I will always come to this legal board for answers to my questions. Have a wonderful day.

  9. #9
    Join Date
    Oct 2008
    Location
    Washington comma the Great State of.
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    1,211

    Default Re: Passenger Charged for Drugs in Car

    Quote Quoting andyfox1987
    View Post
    Thanks for your quick response. I would like to know why they thought it was me that had ownership of the drugs. I didnt think that the previous charge would even come up on my record if it had been expunged. I will talk to a lawyer and see what comes out of it. Thanks so much once again. I will always come to this legal board for answers to my questions. Have a wonderful day.
    You're welcome, of course. I hope you don't need to use these types of forums too often in your life. Good luck!

  10. #10
    Join Date
    Aug 2007
    Posts
    3,837

    Default Re: Passenger Charged for Drugs in Car

    Several factors come into play here.

    1. You were charged basically with "constructive" possession, as the drugs were in your immediate area or arms reach. So both occupants could have been charged, as it was in the middle of them.

    2. Pringle permits and officer to charge all occupants when drug possession is denied by all. State constitutions may or may not follow this doctrine.

    http://supct.law.cornell.edu/supct/html/02-809.ZS.html

    If the drugs were not yours, plead such. This may be very uphill legal battle though.

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