can driver be arrested if passenger has weed?

Discussion in 'Legal Issues' started by bonez901, Mar 27, 2009.

  1. bonez901 bonez901

    • New Member
    • Since: Mar 22, 2009
    • Posts: 126
    If the driver is an adult (19 years old) and is driving with a minor (16 or 17 years old) and the cop pulls the car over and searches the car and finds the weed on the 16 year old passenger, can the driver get in any trouble? (for knowing the passenger had weed, or for being over the only adult with weed in the car or some crap like that?)
  2. MestUp7 MestUp7

    • Sr. Member
    • Since: Mar 23, 2009
    • Posts: 1,830
    From what I've read, the driver won't get in trouble if the person has it on them. Even if it's in the car and the person admits it is theirs, the driver still won't be in trouble. I think the only way the driver would get in trouble is if it was on his person or if was in the car and the passenger denied it was his.
  3. dk15 dk15

    • New Member
    • Since: Aug 28, 2006
    • Posts: 538
    Yeah, MestUp looks like he covered all the bases here, I doubt the adult would get in trouble unless there is some loophole for the kid being a minor.
  4. Vicki Vicki

    • Cat Whisperer
    • Since: Dec 8, 2004
    • Posts: 24,533
    Of course.

    Everyone in the automobile will get charged with possession. They have heard "It's his, not mine," way too many times.
  5. dk15 dk15

    • New Member
    • Since: Aug 28, 2006
    • Posts: 538
    Yeah, but thats only if the minor doesn't claim it as his own. I think everyone has seen the whole "if somebody doesn't admit to it, your all going down" line on cops before. I think he is thinking more along the lines of even if the kid takes ownership, can the driver be arrested?
  6. bonez901 bonez901

    • New Member
    • Since: Mar 22, 2009
    • Posts: 126
    yep, thats what i was asking... if the minor has it in her pocket and I'm the one driving, and the cop finds it in her pocket...
  7. dk15 dk15

    • New Member
    • Since: Aug 28, 2006
    • Posts: 538
    Pretty sure if the cop finds it in their pocket, it's there weed, but don't hold me too it. Somebody who actually knows their shit should clear things up soon.
  8. Buzzby Buzzby

    • Buddhist Curmudgeon
    • Since: Aug 27, 2004
    • Posts: 40,846
    There are two elements to the crime of possession of marijuana. The first is that you have the marijuana. The second is that you know you have the marijuana. Since there's no way for the prosecution to know if the driver knew, unless one of the two people in the car says so, they have no basis for a possession charge against the driver.
    3 people like this.
  9. Dewey Dewey

    • New Member
    • Since: Feb 12, 2009
    • Posts: 126
    What if the driver had been smoking it?
  10. Csharp Csharp

    • Sr. Member
    • Since: Nov 18, 2008
    • Posts: 2,314
    thats a good one.i figured they just obided by the whole "guilty by association" thing.but idk now..
  11. Mushroom Man Mushroom Man

    • Feeling eternal..
    • Since: Feb 20, 2007
    • Posts: 2,589
    If the passenger admits its his, the driver is fine as long as it's on the passenger.
    If it's not, theres a chance the driver goes to jail.

    If it's in the car somewhere they all could go to jail, even someone takes the blame for it.
    If the car smells like burnt marijuana, everyone goes to the big house.
    If the driver looks high but no one has been smoking, theres a good chance he'll go to jail.
    1 people like this.
  12. SleepyJohn SleepyJohn

    • Sr. Member
    • Since: Jan 15, 2009
    • Posts: 1,688
    As seen on cop's TV show; "The driver of the car, is of sure responsibility, of everybody,and, thing in the vehicle. This is all so Much More grievous, if the driver, is 18, and anybody/thing else is under age. Then can even get You for "child abuse" if they are using unlawful substances. You can even get a ticket, if a minor is smoking a cigarette make out of tobacco! Driver Beware!
  13. TheInvisible TheInvisible

    • New Member
    • Since: Mar 27, 2009
    • Posts: 72
    I have been told by a Judge that as the driver, you are responsible for anything anyone has in your car.

    I don't think that too many cops would get the driver in trouble if he didn't know, the other person claims it, the car doesn't smell like marijuana, and no one looks high. However, technically they still can.
  14. Buzzby Buzzby

    • Buddhist Curmudgeon
    • Since: Aug 27, 2004
    • Posts: 40,846
    Without proof that the driver knew that the marijuana was in the passenger's pocket, there would be no basis for a charge of marijuana possession against him.

    If no marijuana is found in the car there is no crime, unless the driver is eligible for a DUID. Then it would be only the driver, unless you live in one of the few states that considers being high "possession".

    The judge lied to you. They've been known to do that.
    1 people like this.
  15. TheInvisible TheInvisible

    • New Member
    • Since: Mar 27, 2009
    • Posts: 72
    May I ask how you know that he lied to me?
  16. bonez901 bonez901

    • New Member
    • Since: Mar 22, 2009
    • Posts: 126
    In which states is being high considered "possesion"?? Is Maryland or New York one of those states?
  17. Buzzby Buzzby

    • Buddhist Curmudgeon
    • Since: Aug 27, 2004
    • Posts: 40,846
    As I posted before, the crime of Possession of Marijuana has two elements: the actual possession (or control) of the substance and the knowledge of the possession. Without the element of knowledge, you'd be guilty if someone threw a bag of weed into your front yard.
  18. Code347 Code347

    • New Member
    • Since: Mar 24, 2009
    • Posts: 94
    If the marijuana is in the pocket or on the person, it is highly unlikely that everyone will be arrested (just the main possessor) without some fancy report writing. In the end when it comes time to charge, the D.A. will see through the report and charge the person that had control of the weed.

    Now if it is in the car, a thing called "constructive possession" comes into play. It basically means that everyone/anyone could have had access to the plant and so everyone gets charged.

    Street cops like to use the old addage, you may beat the rap, but you won't beat the ride..... It is all about the attitude....

    Also the bit about judges lying.... it is an intimidation move...to keep you scared and out of court... The 4th Amendment and its many many cases do not allow for a charge to stand like you have described.

    ALWAYS HAVE AN ATTORNEY....

    I hope it helps.
  19. TheInvisible TheInvisible

    • New Member
    • Since: Mar 27, 2009
    • Posts: 72
    Just to make sure I got this right: So if my passenger has weed, and I know they have weed, that wouldn't be considered possession in any way because I am not actually in control of it?

    And to Code347: I wasn't in total shock a Judge would lie to me, where I live having one seed is considered possession, it wasn't too far of a stretch to believe him. This was the only time I ever went to court, I already plead guilty as I was indeed guilty. However since this was a juvenile charge, the Judge asked my dad to stand up and say anything he wanted to, or ask any questions. At the end of my dad's awesome speech, he said he believed it belonged to the passenger in my car, and the Judge told him it didn't matter, because I was the driver and as such I could've been charged even if I didn't own up to it.
  20. Buzzby Buzzby

    • Buddhist Curmudgeon
    • Since: Aug 27, 2004
    • Posts: 40,846
    That would be a good question for a lawyer or law student. I don't know the answer. Any lawyers or law students around?

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