When Can a Car Passenger Be Charged With Constructive Possession of Drugs
My question involves criminal law for the state of: SC
I was a passenger in a car with 2 others. Driver pulled over for speeding. Cop said smelled pot and asked if any. Driver gave him his and passenger in back gave hers. Cops did not seem to want to accept that answer so asked again and passenger said 'all of ours'. I did not say anything for fear of being abandoned. Cop cited all 3 for simple possession. I have text from driver saying he will tell judge it was his. I want to plead not guilty in court. It was not mine. Am I still guilty of constructive possession? what are chances that jury will dismiss since I have text of true ownership?
Re: Simple Possession Marijuana if Passenger in Car Where Found
You should talk to an attorney.
Where was the marijuana in question? Was it in the car somewhere or did the driver and other passenger have it on their persons?
Re: Simple Possession Marijuana if Passenger in Car Where Found
both in the car. driver had a jar with initials on it. passenger was alone in back seat and it was next to her. both gave voluntarily to officer when he asked for it - he did not search.
Hoping cop will dismiss in court. This is text from driver: "I told you I was telling the judge it was mine and none was yours. And I told the cops it was mine and you saw they would not let me say it was just mine."
Re: Simple Possession Marijuana if Passenger in Car Where Found
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StJude
Cops did not seem to want to accept that answer so asked again and passenger said 'all of ours'.
Then the issue here is that the passenger said that the drugs were shared by all of you. And you chose to remain silent in regard to that accusation -- certainly your right, but keep in mind that pre-Miranda silence where others might blurt out, "That's not true!" or equivalent can suggest that the accusation is true.
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Quoting StJude
I did not say anything for fear of being abandoned.
What do you mean by "abandoned"?
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I have text from driver saying he will tell judge it was his.
How does that work, if some of the drugs were in the physical possession of the other passenger?
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StJude
This is text from driver: "I told you I was telling the judge it was mine and none was yours. And I told the cops it was mine and you saw they would not let me say it was just mine."
First part, "I told you I was telling the judge it was mine and none was yours." One issue here is that the passenger also had drugs and that the passenger said that the drugs belonged to all three of you. The driver can say, "The marijuana I held was mine," but even if believed that does not help you with the ostensibly co-owned marijuana held by the passenger. Also, "I'll take the rap for this" is not of itself evidence that the person who is willing to take the rap is telling the truth. Sometimes it's really, "I am going down for this, so even though it was our pot I'll take the blame", and prosecutors understand that to be a possibility.
Second part, "And I told the cops it was mine and you saw they would not let me say it was just mine." Except the police did nothing to compel the driver to change his story. Expressing skepticism does not make you change your story. Further, you told us that it was the rear seat passenger who said "it was all of ours", so the driver's claim that the police didn't believe "It's all mine" would be undermined first by the fact that the rear seat passenger was holding marijuana and second by the fact that the rear seat passenger told a different story. If the driver changed his story when confronted with those facts, it would be reasonable for a judge or jury to conclude that he did so because his original story was not working.
You need to discuss your situation in detail with a criminal defense lawyer and decide if it's worth trying to take the case to trial, or if you should consider other options (some of which may allow you to avoid a criminal conviction).
Re: Simple Possession Marijuana if Passenger in Car Where Found
Thank you. I was afraid of being abandoned on the road. We were out of town (two hours away). Driver willingly gave his to cop. Then we were asked to step out of car. When cops asked if any more than what driver produced, passenger said she had a joint in the back seat. When cop kept saying, "are you sure?" both driver and passenger said, "it was all of ours". Driver is 18 and afraid. Was given warning for speeding. Not sure if cop felt bad because of age and wanted us all to share in blame. It really did belong to driver. I do not want to plead guilty and take conditional discharge if offered, because this could happen again where I am in a car or apartment of someone with drugs.
Re: Simple Possession Marijuana if Passenger in Car Where Found
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StJude
When cop kept saying, "are you sure?" both driver and passenger said, "it was all of ours".
So there was no undue pressure -- just a decision by both of the other people in the car to implicate you. There was nothing that would have stopped you from saying, "It was not mine" or "They're lying". I'm not sure why you believed your friends would have abandoned you if you stood up for yourself, but if that's the sort of people you were hanging out with it's an object lesson in making better choices of friends and traveling companions.
"It really did belong to the driver" works better if the drugs aren't divided between a driver and a passenger.
You can tell your lawyer that the driver is now willing to say that he lied to implicate you, and your lawyer can see if the passenger is also going to say that he lied; your lawyer can advise you based on that, as to your best options going forward.
Re: Simple Possession Marijuana if Passenger in Car Where Found
went to court for pleading. driver plead guilty and accepted possession. officer dropped charges against me and other passenger.
Re: Simple Possession Marijuana if Passenger in Car Where Found
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StJude
went to court for pleading. driver plead guilty and accepted possession. officer dropped charges against me and other passenger.
Good news for you. Did you learn anything from this experience that you would like to share with future readers of this thread?
Re: Simple Possession Marijuana if Passenger in Car Where Found
even if you did not buy drugs, you can be charged with (constructive) possession if you are in a car or apartment of someone who owns drugs, so be careful who you associate with. Check people who you give rides to in your car to be sure they do not have any drugs on them. even tho I had a text from driver saying it was her drugs, that was not permissible evidence in court. the officer only dismissed charge against me because the driver admitted possession. some officers are very kind and caring. it was totally up to the officer to dismiss the charge against me. make wise decisions - be careful who you hang out with. with friends like that, you do not need enemies.
Re: Simple Possession Marijuana if Passenger in Car Where Found
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StJude
even if you did not buy drugs, you can be charged with (constructive) possession if you are in a car or apartment of someone who owns drugs, so be careful who you associate with. Check people who you give rides to in your car to be sure they do not have any drugs on them. even tho I had a text from driver saying it was her drugs, that was not permissible evidence in court. the officer only dismissed charge against me because the driver admitted possession. some officers are very kind and caring. it was totally up to the officer to dismiss the charge against me. make wise decisions - be careful who you hang out with. with friends like that, you do not need enemies.
You learned your lesson well Grasshopper.
Go forth and sin no more.