OverDrive

Hi everyone... I just got home! Some friends and I were smoking weed in my car... About an hour after we finished, the cops pulled up behind us!! They pulled us over for a burnt out light. But, the first thing they said when they came to the car was, "Okay, who's got the drugs!?" There was no smell in car, and I'm pritty sure that they are acting like this because 2 of my passengers are "suspected drug users".

They searched all of us, and my car! They only found some on 1 of my passengers. None was found on me or in my vehicle. They took my friend to the station and took me home.

The police want to charge ME with possession because someone had it in their pocket when in my vehicle!! I think that this is a BS charge! Am I really suppost to "frisk" my passengers when they get in my car!?

I live in Canada, in the province of Ontario! Any help would be appreciated! Thanks in advance...

--OverDrive

Slightly Stoopid

I don't know what to say. But if it makes you feel better, i *THINK* they can't charge you with anything. I don't see why they could. You didn't do anything wrong, and you are right it isn't your responisbility to make sure your passengers aren't carrying any drugs, again i am not sure.

I don't even know why the cop searched you guys in the first place...

Sounds like you are in a mess, good luck. And i am sure there will be someone here to help you out soon!

Niteshift

Overdrive:

I'm not an expert on Canadian law, but in the US, the stop would be 100% valid.

If you were smoking in the car, there was a smell. You might not notice it, but a non-smoker would. So his PC to search was valid.

Now, where I can't help you is the difference between you and your passenger having the pot on you. Since that varies from state to state her, I won't even attempt it for Canadian law.

Sorry I couldn't help more.

OverDrive

Sorry... I forgot to mention that my friend (the one with the weed) was driving the vehicle at the time.

--OverDrive

inmylife

I have been in a similar situation in the US. Over here it is a completely valid charge. If it is on a person, in your car, then you are responsible for it. And just like niteshift said, it didnt smell like weed to you because you had been smoking. People who smoke ciggerettes dont think they smell like smoke but they do. You're atleast a little lucky because over here they would have impounded your car and taken you with him, atleast where Im from.

Closet Pigs

This was not the case in a similar situation that my friend was involved in.

He was pulled over for doing 38 in a 25. The cop smelled weed in the car (they had been smoking) and he searched everyone. He found weed on all 3 of the car's passengers. The driver had nothing on him, and he got off with just a speeding ticket. His parents never even found out about the other kids getting busted for possession.

So in that case, the driver was not penalized for what his passengers had with them in his car.