Unfair Search and Charges

My question involves criminal law for the state of: Maryland.

I am a 17 year old female, and i was given 2 possession charges. One for marijuana, about 10 grams, and the other for ecstacy.

I parked my car in my friends neighborhood. I was going to do a favor for a friend by taking his friend to the hostpital to check into rehab for alcohol.(His car had suspended tags) He of course wanted to drink before he went. He is 21, and was drinking in pubic in the passenger seat of my car. When the cop approached he asked for his id and just said you shouldnt be drinking in public. He then continued to take everyone elses id and then started to search my car. Did he have the right to do so? He didnt even mention why he was called, no noise complaint and he didnt pull me over. But i was not in my car when the officer came up. Someone in my car had bought marijuana that night and stashed it on the drivers side so when the officer found it, he assumed it was mine, but it wasnt. I did not purchase that mariijuana. Same thing with the ecstacy, it was in my car but not mine. Of course sense its in my car im responsible for it. However, both of the officers knew the 2 men i was with very well. They both have a record with drugs and violence. My friend sold weed every now and then and i didnt think he was well know. I then find out he had a previous PWID. why is it that the car is searched but the individuals werent? AND that the well known drug dealer is just let free to go, but me the 1st time offender ever with the law is given the charges? The man who was drinking was put into cuffs while the car was searched and then arrested on no cause. Please can someone tell me what i can maybe expect in court? or if the charges will be dropped? I know ecstacy is a felony but i never knew of ecstacy being in my car.

I am a professional ballet dancer with a career that started at 16, even one of the cops said i do not add up with the situation that arose. I went to boarding school and came home to maryland for a year to complete high school early, does that give me anymore backup on my case?

When you choose to load up your car with drug addicts and a drug dealer to accommodate a friend's last minute binge before rehab, bad things can happen.

I expect that the police will indicate that their search of the vehicle was a search incident to the arrest of your friend for public intoxication, or whatever offense it was with which he was charged. You can have the police report reviewed by a criminal defense lawyer to see if there's a way to try to attack the search.

Should we infer that none of your friends are willing to either say "the marijuana was mine," or "I saw [Joe] put the drugs in that spot"?

It's like this:

I once was out with two friends. One decided he wanted to buy beer on the way home. The driver stopped at a gas station that sold.

Backseat friend popped open a beer. I knew this was illegal. I told the driver...tell the other guy to empty the beer and get rid of the bottle.

I ended up telling my friend to pull over; exited the vehicle, walking back to a safe spot, called for a ride home.

If the other two wanted to go to jail...fine. But I was not going to be along for the ride. Even though I was just a passenger....yes, that backseat passenger with his open bottle could have gotten all 3 of us charged.

Yes but like i said, we were not in the vehicle. Me and my actual friend, not the man drinking, were standing outside of the car. He who was drinking was in the passenger seat. The car was parked in a spot by his house and i was not in the driver's seat. But because it was my car and it was on the driver's side i was charged, im assuming.

No one would say it was theirs, but the intoxicated one kept yelling "it's not mine, i dont smoke!" when a roach was found on the ground by the passenger side. Is it legal to search the car but not the individuals? Anyone of us could have easily gotten away with anything concealed on ourselfs. They let the previously known drug dealer go without even being searched, but me being the one with a curfew and having no record get all the charges.

You were out after curfew, a friend with an open container in the passenger seat, and drugs were found near the driver's seat in your car. Yes, you need an attorney to evaluate the entire case.

On a cursory review it seems that there may well be sufficient probable cause to at least search the area near the drinking passenger - that usually includes anywhere he could reach, but they would generally have to have been searching for more alcohol (which would have been reasonable ... assuming his drinking in the car was unlawful to begin with).

This showed poor judgment on your part and now you will have to do a lot of tap dancing (as opposed to ballet) to avoid any long term harm from a criminal conviction.

Ask mom and dad to hire you an attorney. Do not be surprised if mom and dad take away your license and your car after this and ground you for a very long time. If this were one of my children, well, he would not be seeing the outside world or friends for a very long time unless I was with him.

I hadn't hit curfew yet, i was going to be going on my way home after we went by the hospital. i thought it was only illegal to drink in a vehicle if it is on. When you tale gate people drink in their cars, so is that illegal too? That is what i thought, the police officer should have only searched the area of the car where the passenger actually was drinking and could reach. There was no reason for a whole vehicle search, but the never searched us as individuals. Is that a fault on the cop?

I understand i have a lot on my plate now, but if i play my cards right i could get these charges dropped correct? or even the case thrown away? Im the kind of kid that yeah will smoke weed but not be a hot body and traffic drugs in my car. Im not going to buy a large amount like a drug dealer would. I dont have those connections, frankly im too scared to. But I have a career and im going to college as a full time student out of state, crap like this isnt going to help my schedule at all and that was my dumb fault for risking it. Its not like my schedule for the fall isnt going to keep me busy and keep me from these kinds of situations.

Should i bring a lawyer with me to the meeting with the juvenile worker to see if it is pushed on to court? and if things dont get better, what is the worst kind of punishment i would receive from the court?

I'm not sure I think drinking in the car is illegal,it may be considered an open container. The search becomes hazy,you can't just assume it will be thrown out,that's why you need a lawyer. Even then nothing is for certain. Cops are trained and try to avoid getting stuff thrown out in court. They have more experience in criminal matters then you do. Many times something like an open container or some minor traffic violations lead to cops finding out about larger crimes. It allows them the right to legally search someone.

Minor crimes no matter how harmless can bring police attention to you when you least except it. Cops can lie to get you to give up rights or twist things in their favor. Stuff might get tossed out but who wants to deal w. being arrested. Trust me,it's a lesson I'm still reminding myself and I ain't too young. If you hang around with people who do stupid shit it can draw attention to you.

Did the other people admit that the drugs were theirs? If you are doing them a favor it seems like the stand up thing to do. Cwjava? If the other people admitted that the drugs belonged to them would she been able to avoid the drug charges?

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Quoting tc498

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Cwjava? If the other people admitted that the drugs belonged to them would she been able to avoid the drug charges?

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Maybe. It depends on all the details such as where they were found and relative accessibility with relation to passengers. However, someone else claiming the dope coupled with a clear statement from all involved that the driver had no knowledge of it would certainly add up to strong reasonable doubt and might convince a DA to have left it alone even if the cops went after it.

It does not take a whole lot to justify a search. If the open container in the vehicle was unlawful, and the passenger drinking was subject to arrest, then most anywhere he has access to in the car can be searched for alcohol (or other drugs if they smelled marijuana and the state has a plain smell doctrine). The lunge range in a car is small, and essentially most any place in the car is at least arguably accessible to a passenger. The OP's attorney can certainly make a suppression motion when/if the time comes.

Yes i understand everything you guys are saying and im not going to assume anything im going to take what happens cause i cant do anything about it. No one claimed it was theirs. We were all standing outside of the car at some point and then the man with the alcohol decided to sit down in the car. The kid who bought the weed asked if he could put it in the car incase the cops did come. He put it in a compartment on the drivers side so it wasnt visible. But in the end that didnt help at all, it made it look like it was mine. And also it was my car so i was gonna go down most likely anyways. But shouldnt the suspicion been led towards the kid who was known as the drug dealer? cause it was apparently a pretty big bag.

There would be no statement saying that i didnt know about the weed, cause i most definitely did. If we had been driving the weed would not have been in that place. It would have been on the kid who bought it. Im just not trying to over think this and get a whole story worked up, im just trying to tell the juvenile worker what happend.

The problem is, you did commit the crime of possession based upon what you wrote here.

You see, possession is a crime of knowledge, dominion and control - it is NOT a crime of ownership. You knew the drugs were present and you even knew where they were stashed. You had knowledge, dominion and control.

This could have the potential of being a very serious charge - especially as an adult. I do hope you take this as a life lesson and modify your circle of friends away from druggies and drinkers before you end up on a path to nowhere.

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Quoting cdwjava

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I do hope you take this as a life lesson and modify your circle of friends away from druggies and drinkers before you end up on a path to nowhere.

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Well excuse me. I am on a path of a career already, i am going somewhere, and i already have. I had a profession at the age of 16, i just was with the wrong people at the wrong time.

It is constructive possession technically, as i was told by someone of criminal knowledge. It was in my car, and by where i as the driver sit. So that is why i had the charges given to me when no one claimed it was theirs. I actually did not know where it was stashed until the cops approached and the kid quickly told me where it was before the cop stepped up to the vehicle. There was no time to move it.

I shouldn't be charged as an adult seeing as i turned 17 a month and 1/2 ago, as i was told by the same person with the criminal knowledge. These people were not my regular group of friends, and i was asked if i could do a favor. And i wasnt busy so i said yes. Im not the one who has a previous record of selling drugs and have cops know me by name. It seems outrageous to not think that the kid didnt speak up to keep him self out of trouble cause he knew they couldnt prove it was his.

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Quoting amt16

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Well excuse me. I am on a path of a career already, i am going somewhere, and i already have. I had a profession at the age of 16, i just was with the wrong people at the wrong time.

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I am glad you are on a "career" at the age of 16. Understand that a "profession" and a "career" are two different things, so hopefully whatever it is will carry you well into maturity.

However, no matter what this profession and/or career might be, to be successful you will have to couple a work ethic with good, common sense choices. Being a minor and transporting a friend for a last binge before rehab is not such a choice. Allowing friends or acquaintances to stash dope is likewise a poor choice. You tried to downplay this by saying here that you did no know where he stashed it. But, in your previous post you wrote: "The kid who bought the weed asked if he could put it in the car incase the cops did come. He put it in a compartment on the drivers side so it wasnt visible." This sentence implies prior knowledge and indicates an unwise choice which you now, hopefully, understand. Whether you misstated yourself in one post or the other is largely irrelevant as in either instance a case for possession can be made against you unless you can convince a jury that your friend stashed it on your side of the car without your knowledge prior to the cops approaching.

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I shouldn't be charged as an adult seeing as i turned 17 a month and 1/2 ago, as i was told by the same person with the criminal knowledge.

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I am not familiar with MD state laws on charging a minor as an adult, but if you are 17 and the law allows for a 17 year old as an adult, then there you go.

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These people were not my regular group of friends, and i was asked if i could do a favor. And i wasnt busy so i said yes.

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As you grow and mature you will hopefully come to understand that merely being available does not mean you have to say "yes" without considering other consequences including whether or not the act in question is wise. Don't worry, yours is a problem common with many teenagers including my own. As you get older and hopefully wiser, you should develop a keener sense.

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Im not the one who has a previous record of selling drugs and have cops know me by name. It seems outrageous to not think that the kid didnt speak up to keep him self out of trouble cause he knew they couldnt prove it was his.

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All because he did not speak up does NOT mean that you have to suck it up and take the hit yourself. You are certainly free to pin it on him.

Let's not forget that at sometime in the recent past, the drug fairy popped into her car and left presents.

This WASN'T an isolated incident. This was a number of encounters where, apparently, the car was used to obtain and transport illegal substances.

Then this same car was coincidentally used to take someone to rehab... and everyone thought that a person so alcoholic that it was endangering his/her life to the point where rehab was necessary should finish with a bender in the passengers seat.

Wow, what are the chances of that?

What are the chances that the rehab won't take? The patient seems to have a lack of commitment.

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Quoting cyjeff

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This WASN'T an isolated incident. This was a number of encounters where, apparently, the car was used to obtain and transport illegal substances.

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I did not transport his weed. We were never moving in the actual vehicle. I was not transporting anything. I cant prove that i do not buy weed, and that i didnt buy the weed found in my car, but im not going to deny that i have smoked weed in my car before. What kid doesnt. We try to have fun, its not the smartest and safest way to, but that's what most teens do. Its what we have easy access to, and thats the drug problem these days; accessibility.

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Quoting cdwjava

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I am glad you are on a "career" at the age of 16. Understand that a "profession" and a "career" are two different things, so hopefully whatever it is will carry you well into maturity.

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A professional ballet dancer in a company is very well a career and a profession. I make a salary just like anyone else does. I had previous training at a special school for dance, all dancers have special knowledge of their own specific style, and like i said i have an annual salary. And thank you for kindly trying to say that i'm immature... I might be 17 but i can handle my self and my decisions. This is one big mistake, i know this for sure, but i do not have a crystal ball. I cannot tell when something bad is going to happen. Yes i could have said no to giving them a ride, but im a nice friendly person. I did not know we were going to be headed to rehab for this man until i got there. And when i saw them drinking i said that they couldnt drink in my car, so that is why we stayed where we were until they finished.

I know that i can pin it on the man who didnt speak up, thats pretty much what ive been trying to say but then people like you think im trying to sneak my way out of the situation, which i am not trying to do. I want to get out of this situation the right way, and just say what happend. But whether i had previous knowledge of where the weed was or not, it was in my car. It might have been a bad idea to put it in the vehicle, but who am i to know that a cop is going to search my car. I was fine when the officer approached because i myself wasnt doing anything wrong. But i was apart of the act, and it was my car. Do not think i dont know that. I just drove my self into a situation that had already been in the making when i got there. There is no way to prove that and i understand that. I'm SOL i know. I have to take what ever im given.

Might i also add, not trying to be rude, cdwjava please try not to act like your superior to the people asking for advice. Yes, you are not the one asking for advice on a legal help website because you didnt break the law, but you are not necessarily the better person. When people ask a question on here, they want help. Not to be criticized and told how bad their decision making is.