- 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.
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.
