possesion question?

KarmaPolice

Diamond Member
Jun 24, 2004
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I know my other thread was locked but this is a different question..... can anyone answer this...

this is a purely hypothetical question: A vehicle, piloted by a man named Phillip, with two other persons is pulled over for a routine traffic stop by a highway patrolman. The person in the passenger seat - we'll refer to him as Thomas for this scenario - has just recently smoked marijuana, and has paraphernalia in the form of a pipe upon his person, as well as a small amount of marijuana (< 3.5g.) The passenger in the backseat, Charlie, had smoked marijuana earlier that night and is exhibiting signs/symptoms of the drug's use including red/dry eyes. The officer approaches the vehicle, and upon reaching the vehicle smells the rather distinctive stench of marijuana. The officer would seemingly have probable cause to search the vehicle at this point. The officer searches the vehicle and finds nothing of questionable legality within the vehicle, but he does discover the marijuana, as well as the pipe that's been used to smoke recently, upon Thomas's person. Thomas admits that the illegal substance/paraphernalia on his person is indeed his and that the others had no prior knowledge of their existence. What charges would be brought against each of the people in the vehicle? Assume that each passenger is older than 18 years of age. If there's much discrepancy between state laws concerning possession of illegal substances, then assume that the previous scenario took place in either the Commonwealth of Pennsylvania or New York State. Thank you.
 

Canai

Diamond Member
Oct 4, 2006
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Everyone gets executed ?

In seriousness, if any of the people in the vehicle drop anything in it, it becomes the driver's, who can then be charged with possession.

Bottom line: don't let people smoke anything in your car.
 

jinduy

Diamond Member
Jan 24, 2002
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cliff notes:

blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah
- blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah. Thank You.
 

Quasmo

Diamond Member
Jul 7, 2004
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My friend who is a recent Criminal Justice grad says that as long as it is on the person they can not charge the driver, but if it's in the car (read: not person) it's the driver's responsibility.
 

Pegun

Golden Member
Jan 18, 2004
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Here, the drivers can either get charged with the posession and operation of a car under the influence of drugs or alcohol. If the cop is in a good mood he lets the others off as long as they have nothing else against them. Some have been known to confiscate the bag and dispose of it of poor it in the grass, break the pipe and give them a routine traffic ticket
 

KarmaPolice

Diamond Member
Jun 24, 2004
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Originally posted by: Pegun
Here, the drivers can either get charged with the posession and operation of a car under the influence of drugs or alcohol. If the cop is in a good mood he lets the others off as long as they have nothing else against them. Some have been known to confiscate the bag and dispose of it of poor it in the grass, break the pipe and give them a routine traffic ticket

lol poor it in the grass? Whats that gonna do? Its just gonna make the potheads come back later and try to find it ending up with them somking some pot with some actual grass
 

imported_bum

Golden Member
Jan 15, 2005
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Next time bring some cigarettes. As soon as you get pulled over, puff like there's no tomorrow and the marijuana smell will be covered up before you roll down the window :).
 

crt1530

Diamond Member
Apr 15, 2001
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How is this different from your locked thread (aside from the fact that you spent 15 mintues rewording it)?
 

Canai

Diamond Member
Oct 4, 2006
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Originally posted by: crt1530
How is this different from your locked thread (aside from the fact that you spent 15 mintues rewording it)?

It's not very. I'm guessing a locking soon.
 

KarmaPolice

Diamond Member
Jun 24, 2004
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Originally posted by: crt1530
How is this different from your locked thread (aside from the fact that you spent 15 mintues rewording it)?

Simple.

One is a legal question.

One is an opinion and life experience question.

think its pretty clear really.
 

Kalvin00

Lifer
Jan 11, 2003
12,705
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Since said person admitted it's theirs, passenger would be charged.

If no one admitted, all would be charged.

No, i'm not a LEO (although I aspire to be one), but I did watch COPS last night.
 

Captante

Lifer
Oct 20, 2003
30,354
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The arresting officer will have a lot of discretion in these cases & it will be their call as to who get arrested & charged ... wether the charges against the driver & second passenger result in a conviction is another story ... my guess is both would get off pretty easy.
 

Alone

Diamond Member
Nov 19, 2006
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The last time some of my friends got caught smoking in a car, they were simply asked to go toss it all in the lake, along with a nice new glass bong.