Nandrolone: Can the Police Arrest Me If I'M Riding in a Vehicle That Contains Marijuana?
Can the Police Arrest Me If I'M Riding in a Vehicle That Contains Marijuana?
As a criminal feat attorney in Fort Lauderdale, I have many links who question me, "Can the police arrest me if I am riding in a vehicle that contains marijuana?" Although you should never ride in a vehicle that contains marijuana, you can shorten your chances of inborn arrested by understanding the significance of the valid concept "constructive possession." The Fourth D.C.A. of Florida recently wrote an excellent analysis on constructive possession in Brinkley v. State, 12 So.3d 311 (Fla. 4th D.C.A., 2009).
To be convicted under Florida doing 893.13 (Possession of a Controlled Substance), the state must prove on top of a reasonable doubt that you possessed and had knowledge of the marijuana. To possess means to have personal court case of or exercise the right of ownership, management, or govern higher than the thing possessed. Possession may be actual or constructive. Actual possession is a simple concept - in your hand, in a container in your hand, on your person, or within ready reach and in your control. If a person has exclusive possession of a controlled substance, knowledge is inferred. Issues of constructive possession are more complicated, however.
To avow constructive possession of marijuana, the acknowledge must prove that you had (1) dominion and govern more than the marijuana, (2) knowledge that the marijuana was within your presence, and (3) knowledge of the illicit plants of the marijuana. The most common issue in contention is whether you had dominion and direct over the marijuana. If the vehicle in which the marijuana is found is in joint (no pun intended), rather than your exclusive possession (i.e. you're the passenger in a vehicle), knowledge of the presence of the controlled substance in the vehicle and your attainment to preserve manage beyond the controlled substance will not be inferred.
In laymen's terms, if you were foolish tolerable to be caught riding in a vehicle where a bag of marijuana was placed in plain view in the middle console, the permit would nevertheless have to prove that you had "control" on top of the marijuana, and not conveniently "knowledge" of the marijuana. Although not specifically defined, rule is the skill to take, use, own, (or smoke) the marijuana without receiving admission from someone else. Mere proximity to the marijuana is not satisfactory to support control behind the marijuana is not in your exclusive control. Possession may be joint (two or more people may exercise manage of the cannabis) but on your own if both individuals have manage higher than the marijuana.
To prove dominion and control, the police will have to observe you possessing, concealing, or inhaling the marijuana or if you create any incriminating statements admitting ownership of the marijuana. Notwithstanding the aforementioned reasons, the police cannot impute the ownership of the marijuana to you comprehensibly because you are in a vehicle that contains marijuana. Therefore, never create any incriminating statements to the police as soon as regards to ownership of the marijuana. No issue what the police accord you (i.e. we won't arrest you if you take ownership), attain not undertake ownership of the marijuana. Also, attempt to remain calm - pull off not create any furtive or quick movements that would guide the police that you are aquiver or a pain to conceal the marijuana. Also, realize not smoke the marijuana in the vehicle. It is oftentimes difficult to deny ownership subsequently you and the vehicle reek of marijuana.
On an aside, in the thing you still pick to ride in a vehicle which contains marijuana, create determined the marijuana is hidden (outside of plain view), preferably in the trunk or locked compartment. At a minimum, reach not leave the marijuana in plain view in the center console or ashtray. Additionally, do not keep any trappings (pipe, rolling papers, etc.) on your person.
Finally, although the police shouldn't arrest you for possession of a controlled substance if they cannot discharge duty actual or constructive possession, it doesn't object that the police won't arrest you anyways. The police routinely arrest car wealth of school students where marijuana is located within a vehicle, even in the manner of they cannot pinpoint who exhibited dominion and control. At that point, it is crucial to approach an experience criminal defense attorney to analyze the specific facts of your charge and file the take possession of Motions. Possession of even 1 gram of marijuana is punishable by in the works to one year in jail and/or 12 months probation and a reachable two year driver's license suspension. do not plea out your warfare without speaking to an experienced criminal excuse attorney.
The assistance in this article site was developed by Lyons, Snyder & Collin, P.A. for informational purposes without help and should not be considered legitimate advice. The transmission and receipt of assistance from this article does not form or constitute an attorney-client attachment subsequent to Lyons, Snyder & Collin. Persons receiving the counsel from this article should not engagement upon the recommendation provided without seeking profession legal counsel.