Constructive possesion of drug paraphernalia

Ssome person reported me and my 3 friends for hanging around kroger around 3 am. A cop came and said he smelled marijuana. One of my friends had a pipe thatt some kid gave to us. I had not smoked any weed but another friend had earlier. The kid with the pipe ditched the pipe in my car and the cop found it when he searched the car. No one owned up to who the pipe belonged to and one kid said it belonged to all of us. We all were cited for constructive possesion of drug paraphernalia.

So the questions I have are:

What really is constructive possesion and is it worse than regular possesion?

Since the pipe was put into my car by this one kid, would he be considered the "possesor" even if it was given to all 3 of us earlier but he was the one that held onto it?

Should i argue the case since i never had the pipe?

I am 16 years old and live in North Carolina.

Constructive possession means that the paraphernalia was within your power to control, but not under your direct control or possession. If you're at home and take a can of pop out of your fridge, the can of pop is in your actual possession. If you have that same can of pop in your fridge, but are at a store or are at work, it's within your constructive possession.

Will the other friend who was with you back you up? Would you pass a drug test right now? (It may be helpful if you can go get a test done at a medical clinic, and show the court that the day after the arrest you were free of THC, but....)

if my friend just fessed up the pipe was his, wouldnt the charges against me and my other friend be dropped?

and what does the law consider possession? since my friend brought it into the car and held on to it before he dropped it, he would be considered the one in "possession" right?

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Quoting shakenbake

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if my friend just fessed up the pipe was his, wouldnt the charges against me and my other friend be dropped?

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Possibly. That's up to the prosecutor.

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Quoting shakenbake

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and what does the law consider possession? since my friend brought it into the car and held on to it before he dropped it, he would be considered the one in "possession" right?

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If he had it in his hands, he had actual possession at that time. We just got finished discussing the difference between actual and constructive possession. It is possible for one person to have actual possession of an item, while another still maintains constructive possession.

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Quoting shakenbake

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if my friend just fessed up the pipe was his, wouldnt the charges against me and my other friend be dropped?

and what does the law consider possession? since my friend brought it into the car and held on to it before he dropped it, he would be considered the one in "possession" right?

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Please reread Aaron's definition of constructive possession and explain to us why you wouldn't be guilty of that.

Also can you answer his questions honestly?

i understand that since it was in the car i could be found guilty of constructive possesion. but my friend had it on him the whole time, and since it was on him i didnt have any dominion over the pipe or any control. i would have to ask for his permission. when the cop pulled me over i knew the pipe was in his pocket. the cop pulled me out first and when he started searching me my friend ditched it in the car. when he put it in the car i didnt know he put it in the car because i was already out.

so couldn't i argue that since "possession" constitutes that i knew about it and that i had control over it.

if my friend just said he put the pipe there and it was his, we shouldn't be charged.

i know that one person can have actual possesion while the other has constructive. but that would be very difficult to prove now would it?

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Quoting shakenbake

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i know that one person can have actual possesion while the other has constructive. but that would be very difficult to prove now would it?

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Maybe. But the elements are minimally met to support the offense and you might still have to go to court. Now, you have to decide if it is worth fighting, or if you should just take a plea on the deal.

A pipe in the middle of a car is usually a good way to get everyone charged. If your friend is willing to take the stand at trial and 'fess up to the pipe being his and say that you guys never had it, then you likely stand a good chance ... of course, your friend will be hosed, but that is his problem I suppose. And, his attorney will probably tell him NOT to confess on the stand.

- Carl

Consult local counsel.