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Drug Possession Charges Against a Driver for a Passenger's Drug Possession and Use

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  • 05-18-2014, 07:00 PM
    PepperAnn15
    Drug Possession Charges Against a Driver for a Passenger's Drug Possession and Use
    My question involves criminal law for the state of: Pennsylvania

    My husband was recently arrested in the state of PA while at a carshow. He had borrowed his uncle's car (with permission) and carpooled other friends down for the weekend. While at the carshow, one of his friends decided to smoke marijuana in the car. My husband saw what he was doing and grabbed his things to get away from the car knowing it was a stupid idea. A security officer stopped my husband as he was walking away from the car and asked who the car belongedto, to which he replied, "It's my uncle's car, but I'm borrowing it for the weekend." The security guard told him to take a seat(causing my husband to start yelling because he was mad at the situation), and then dispatched the police to the car. Also, the car next to his car was searched, even though there was nothing happening in the car. My husband, two people from his car, and two people from the neighboring car were arrested. Once they were all put in handcuffs, the police emptied everyone's pockets, one guy from the neighboring car had a pipe on him. All of the marijuana that was found in the 4 guys' pockets and the pipe were all thrown in one bag, my husband had nothing on him. My husband was never read his Miranda Right's at any point during the arrest or before questioning. When he received his tickets in the mail, he was charges with possesion of drugs, possession of paraphernalia, and aggravated disorderly conduct. Also, on the tickets his hair color(brown vs blonde), height(6'1" vs 5'9"), weight (200lbs vs 174lbs), and even the spelling of his last name is wrong. Our court date is approaching and I'm wondering if there are enough technicalities for these charges to be dismissed or if we should get a lawyer? Please HELP!!
  • 05-18-2014, 07:06 PM
    Disagreeable
    Re: Can These Charges Be Dismissed
    He needs a lawyer fast. These charges are not going to disappear.
  • 05-18-2014, 07:19 PM
    PepperAnn15
    Re: Can These Charges Be Dismissed
    It just seems crazy to me that my husband was arrested when he didn't have anything on him at all...and furthermore, he was given charges for things that were from another vehicle. There is no legal identifier on any of his tickets (driver license #, ss#, etc) and all of the descriptive questions on his ticket don't even match his profile. How can they charge him with these things if they can't even prove that it was him?
  • 05-18-2014, 07:34 PM
    cbg
    Re: Can These Charges Be Dismissed
    Obviously they can, because they did. So he needs to hire a lawyer NOW. They're not going to just get dismissed out of hand - it's going to take someone who knows what they're doing.
  • 05-19-2014, 07:05 AM
    Mr. Knowitall
    Re: Can These Charges Be Dismissed
    Quote:

    Quoting PepperAnn15
    View Post
    While at the carshow, one of his friends decided to smoke marijuana in the car. My husband saw what he was doing and grabbed his things to get away from the car knowing it was a stupid idea.

    What did your husband do with his friend's drugs and paraphernalia? Unless your husband then promptly handed the drugs and paraphernalia back to the friend, it would seem that the drugs and paraphernalia were in your husband's possession when the security officer stopped him.
    Quote:

    Quoting PepperAnn15
    A security officer stopped my husband as he was walking away from the car and asked who the car belongedto, to which he replied, "It's my uncle's car, but I'm borrowing it for the weekend."

    This is a private security guard? He was responding to what... a report of a disturbance in the parking area? His observation of a disturbance in the parking area?
    Quote:

    Quoting PepperAnn15
    lso, the car next to his car was searched, even though there was nothing happening in the car.

    Clearly something was happening involving the passengers from that car because you later tell us that two people from that car were fighting. You chose not to tell us why they were fighting, but it seems reasonable to infer that these were buddies of your husband and/or his passenger(s). As the only conflict you've told us about is your husband's taking drugs and paraphernalia away from one of his passengers, it would also seem that the conflict broke out over your husband's actions. Please clarify.
    Quote:

    Quoting PepperAnn15
    My husband, two people from his car, and two people from the neighboring car were arrested. Once they were all put in handcuffs, the police emptied everyone's pockets...

    That's called a search incident to arrest.
    Quote:

    Quoting PepperAnn15
    ...one guy from the neighboring car had a pipe on him. All of the marijuana that was found in the 4 guys' pockets and the pipe were all thrown in one bag, my husband had nothing on him.

    Given that you told us that your husband took drugs and paraphernalia from his passenger, this would be a good time for you to fill us in on what happened to the items he took.

    Your husband can discuss with his lawyer whether they can create any sort of chain of custody issue, or create a question as to who was in actual possession of the drugs and paraphernalia, based on the combining of the evidence into a single evidence bag. It's possible, though, that the evidence was labeled before it was bagged. Note, physical possession is not required for a successful prosecution based upon a theory of knowledge and constructive possession.
    Quote:

    Quoting PepperAnn15
    My husband was never read his Miranda Right's at any point during the arrest or before questioning.

    Miranda relates to self-incriminating statements made during custodial interrogation. Assuming for the moment that the questions went beyond the collection of background facts, what self-incriminating statements did your husband make?
    Quote:

    Quoting PepperAnn15
    Also, on the tickets his hair color(brown vs blonde), height(6'1" vs 5'9"), weight (200lbs vs 174lbs), and even the spelling of his last name is wrong.

    It's still him.
    Quote:

    Quoting PepperAnn15
    Our court date is approaching and I'm wondering if there are enough technicalities for these charges to be dismissed or if we should get a lawyer?

    Get the lawyer.
    Quote:

    Quoting PepperAnn15
    View Post
    How can they charge him with these things if they can't even prove that it was him?

    The officer is going to be asked by the officer if the defendant is in court and, if so, whether he can recognize the defendant. The officer will then identify your husband as the defendant. It's something of a show, given that it's not difficult to figure out who the defendant is when he's sitting at counsel table in a courtroom, but that's how it goes.
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