Simple Possession

[burny77]

My question involves criminal law for the state of: South Carolina


I got a ticket for 1st offense simple possession of marijuana. I went by a friend's house and he came outside to my car and then was swarmed by narcotics agents who were raiding the place. The cops searched my car and found nothing but went through my phone and seen where I text my friend a little earlier asking for a dime. Well the friend had thrown a dime bag of weed down near my car when they swarmed him and they charged me with the simple possession. I never even got out of my car and I was never in possession of anything, never exchanged any money - never even touched anything.

I would like to know what my chances are with this? Can they charge me with this even though I never possessed anything?

[PTPD22]

It sounds like the cops were serving a search warrant on your dealer's house and initiated the raid just as he came out to make a sale to you. He was the target and you became an added bonus.

Is there probable cause to charge you with possession? Absolutely.

What are your chances with a jury? I would say maybe 50/50, at best...and that is probably being generous for your chances. The prosecution has your text message arraigning the buy, so your intent to possess is clear. They have your arrival to complete the purchase. And, they have the dope your dealer brought to your car and (I presume here) they have the money you brought to buy the dope. The only saving grace you have is that the cops jumped the gun by a few seconds before your dealer actually handed you the dope. The prosecution has a pretty good circumstantial case for constructive possession.

Your best bet, in my opinion, is if the prosecutor offers you a deal in exchange for your testimony against your dealer.

[burny77]

They took a picture of the text message and they do not have the money, I wasn't even holding the money or anything. He never even made it to my car before they got him.

Can they search through my phone like that even though I wasn't charged with anything?

[PTPD22]

Ok, you said in your first post that your dealer tossed a dime bag (the same amount that your text said you were there to buy) "near" your car. And, you said he "came outside to my car" just before the cops announced themselves. So, that left me with the impression he was standing at your window when he tossed it. But, even if not, it still clearly shows intent.

As to whether the cops can perform a warrantless search your phone, the legal rules on that vary from state to state and I'm not sure what the rules are in SC. But, again, the point is probably moot as they had a warrant. It is likely that the warrant allowed them to search any people and vehicles that were at the location for evidence of "possession, manufacture, or distribution of any controlled substance," or similar wording. But, an attorney might be able to successfully challenge based on the wording of the warrant (neither you nor your vehicle were likely specifically mentioned) or challenge the probable cause affidavit that the cops used to get the warrant. If your attorney can successfully get any evidence from the search of you and your vehicle ruled inadmissible, it is likely that the charges against you would be dropped.

And, what do you mean can they search "even though I wasn't charged with anything??? You were charged with possession!

If your attorney is unsuccessful in that, however, I would still give you only maybe 50/50 of having a jury decide that you were not in constructive possession. Obviously, you should listen to the advice of your attorney. But, I still think your best shot is to ask the prosecutor for a deal in exchange for testifying against your dealer.