Marijuana and Paraphernalia in Minnesota

**SoLost** · 01-31-2009, 11:05 PM

My question involves criminal law for the state of: Minnesota

A friend and I were pulled over for speeding. I was in the passenger seat and my friend was driving. When the officer approached he did the standard spiel about license and registration and insurance...yada yada... when he came back from running our licenses he informed us that he smelled what he believed to be marijuana in the car. Another officer arrived on scene and we were asked to step out of the vehicle. They immediately began a search of the vehicle without permission ( I assume smell alone is PC in minnesota) The officers questioned us about the smell, I was asked if I thought the officer was smelling MJ to which i responded that i could not possibly know what the other officer was smelling. There was MJ (less than 1.5 grams) in the vehicle that was not mine and was not in my personal possession. It was stuffed between the center cup holders and the passenger seat. It was found within a few moments along with a pipe. after I was frisked for weapons and drugs I was asked to sit in the back of one of the police cars (the driver was not asked to do so) and was told that if I had anything to say about the MJ to tell them. I told them nothing because I had nothing to add. Canine unit shows up, no more drugs or paraphernalia are found. After the walk around I was informed that the ticket for possession and pipe were going to be issued to me. The reasoning given to me when the officer handed me the ticket was that a key ring (which he TOLD me was mine, rather than asking) was found on top of the illegal items. Sure enough, they were my keys. The ring on the keychain grabbed the seatbelt buckle and spread the ring off of my key carabiner which I always keep on my left side belt loop. This it seems was their only justification for pinning it on me rather than the vehicle owner. I have not seen the police report (nor do i know how to get a copy) so I am not sure what they wrote as their reason for giving me the ticket rather than the owner of the vehicle, the drugs, and the pipe. This is the first drug offense for me, however I am also on probation (until expungement) from a prior incident that disallowed same or similar offenses (such as disorderly conduct or assault) but did not have anything relating to drugs.

I would really like to take this to court because I personally don't feel justice has been properly served. Just because some drugs and a pipe happened to be near me they are mine? Is this even worth fighting or should i just enter a guilty plea and pay the fines and do the classes?

**Mr. Knowitall** · 02-02-2009, 07:48 PM

Are we to assume that your friend is happy to let you take the rap?

**SoLost** · 02-02-2009, 10:22 PM

He is not happy about it and has offered to pay the fines for me. My main concern is my record. I am fairly sure that if there were a way for him to take responsibility for his possessions he would do so. I am not sure whether or not this would be possible. It was suggested to me that I speak with a hearing officer (I believe is what it was) and see what could be done.

**SoLost** · 02-05-2009, 02:50 PM

Also, as some additional information:

On the ticket, the officer listed me as the driver of the vehicle, operating the vehicle, as well as the owner of the vehicle. I was not driving, certainly not operating it, and it wasn't my car. Someone told me this may be grounds for dismissal (or something along those lines) as it shows the lack of attention to detail on the part of the officer.

**Mr. Knowitall** · 02-05-2009, 02:58 PM

So that's a "Yes" - your friend wants you to take the rap, but will (in theory) reimburse you for your fines.

Hire a lawyer. Tell your lawyer about yoru situation. Decide whether or not you want to fight the charge, and to try to prove that your friend owned the drugs.

**SoLost** · 02-06-2009, 11:17 AM

Hiring a lawyer seems a bit expensive considering the two fines combined is only $260 dollars. My friend would be willing to take the blame for the drugs, we just don't know how we'd go about that. Do you walk into the courthouse and say "hey, this ticket is supposed to be for my friend here" and have him tell the judge the drugs and pipe were his? He would do that. He has told me multiple times that if there was any way to have the ticket transferred to him he would be willing to take it. He would have taken blame it at the scene if they police had even questioned him about it. They asked him nothing about the drugs because they were too concerned with his driving without proof of insurance.