As a criminal law attorney in Fort Lauderdale, I’ve got many friends who inquire,“Can the police arrest me if I’m riding in a car which includes marijuana?” Even though you shouldn’t ride in a car which includes marijuana, you may lower your odds of being detained by knowing the importance of the legal notion”constructive possession”
To have ways to have personal charge of or exercise the right of possession, direction, or control over the thing. Possession is an easy notion – on mind, in a container in your hand or in reach that is ready and on your control. Knowledge is inferred if a individual has exclusive possession of a controlled substance. Problems of ownership are more complex.
The difficulty in contention is if you’d control and dominion over the marijuana. In case the automobile where the bud is located is at joint (no pun intended), instead of your exclusive ownership (i.e. you are the passenger in a car ), understanding of the existence of the controlled substance from the automobile along with your ability to keep control over the controlled substance won’t be inferred.
In laymen’s terms, if you’re foolish enough to be caught riding in a car where a bag of marijuana was put in plain view in the middle console, then the State would still need to verify that you had”control” within the bud, rather than just”understanding” of this bud. Though not specifically defined, management is the capability to shoot, use, have, (or smoke) the bud without getting permission from somebody else. Proximity to the bud isn’t sufficient once the bud isn’t in your control to establish control. Possession may be combined (at least two individuals can exercise control of this cannabis) but only if the two people have control over the bud.
Law enforcement might need to see you whenever you create any statements, concealing, or inhaling the bud or possessing to establish control and dominion. The police cannot impute the marijuana’s possession to you. Never make any statements to the authorities with respect. Regardless of what the authorities claim you (i.e. we will not detain you in the event that you acknowledge ownership), don’t disclose possession of the bud. Try to stay calm – do not earn any rapid or furtive movements that could lead the authorities that you’re seeking to hide the bud or nervous. Do not smoke the marijuana from the car. It’s oftentimes tough to deny possession when the automobile and you reek of marijuana.
In an other hand, in case that you still decide to ride in a car which includes bud, be certain that the bud is concealed (out of plain site), rather from the back or sealed compartment. Do not leave the bud in plain view in the middle ashtray or console. You may have Rick and Morty pipes and bongs on the dashboard – please don’t do this. Hide them or keep them concealed, if possible.
In the end, if they can’t show ownership, even though you shouldn’t be arrested by the police for possession of a controlled substance, it does not signify that the authorities won’t detain you . The authorities detain car loads of faculty students where bud is situated inside a car, even if they can’t pinpoint who exhibited management and dominion. At that stage, it’s vital to get an encounter criminal defense lawyer document the Motions that are right and to examine the facts of your situation. Possession of 1 gram of marijuana is punishable by a two year driver’s license suspension and up to a year in prison or 12 months probation. Don’t plea your situation without talking to an experienced criminal defense lawyer.