When we go somewhere, like to another friend's, I'm always driving cuz his car is on the fritz. Sometimes, he'll pull out a bag of pot when we get wherever we're going. I don't smoke pot, but that's not the point. If I get pulled over by the cops for whatever reason and for whatever reason they get just cause to search our person, if they find a bag of pot on him, will I get charges against me too? I wouldn't be asking but he isn't honest about having it on him in my truck when we're going somewhere. I totally don't want drug charges put on me if I had nothing to do w/ it, especially since I never know if he has anything on him or not. I'm asking now cuz he wants me to drive him to Chicago tomorrow (we live in the suburbs) and some Chicago cops are pretty ruthless. Others will take the pot and tell you to get the hell out of town. Help.
2006-07-20 17:04:07 · 14 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
DON'T BE STUPID, DO NOT KNOWINGLY DRIVE (IN YOUR CAR) ANYONE YOU KNOW OR REASONABLY SUSPECT HAS ILLEGAL DRUGS ON THEIR PERSON.
You wrote that this person is not always honest about having drugs, well chances are as soon as the blue & whites start flashing behind you, he will ditch the bag of marijuana in YOUR car. You said the police in Chicago are ruthless, well then you can bet your *** you will be charges as well if drugs are found in your car. It is not necessary for drugs to be found on your person for you to be charged and/or convicted.
CONSTRUCTIVE POSSESSION carries the same penalty as actual possession
1. drugs found
2. in actual or constructive possession of you
3. constructive possession meaning within your general reach.
If you were only a passenger in a car not belonging to you and drugs were found, for example five passengers, law says all five can be charged with constructive possession. If you are the owner of the car and someone else does not step up and claim the drugs (this friend hardly sounds like the stand up kind of friend) then as the owner of car, you will be scrutinized more than any other
you need to worry about more than criminal charges which at least require the state to prove beyond a reasonable doubt that you knew or should have known that the drugs were in your actual or constructive possession, ASSETT FORFEITURE allows the state to seize your car and any funds you have on you as well, then it becomes a backwards claim, you know longer are presumed innocent until proven guilty, now you have the burden of proving that your car was not purchased with drug proceeds nor was it used to facilitate the transportation of drugs, how do you think the govt, has so many high dollar cars, etc. to auction at such low prices. you will lose your car. is it worth it? you will have to hire an attorney to fight like hell to get it back.
Do not take chances, you do not want a criminal recprd and you do not want to shell out the money for a good atorney to fight the asset forfeiture laws. Do not allow anyone in your car that you know uses drugs, especially if you have reason to believe he/she may have drugs on them.
Ignorance of any state law is not an excuse. i have seen more people scew up their lives b/c a boyfriend had drugs on them. for all you know you are providing this friend the transportation to make a large drug transaction, then you are looking at some serious department of corrections time, and in cook county, i would just assume die.
Be careful, Be smart, Be wise. don't risk yourself for a so called friend
2006-07-20 17:44:04 · answer #1 · answered by dreamwhip 4 · 3⤊ 0⤋
You know what? If you're driving along, and you don't know he has the pot until he pulls it out, then I would just stop driving him places.
I know that sounds like "not the thing to do to a friend."
But think about it. How much of a friend is he being to you by putting you at risk of arrest?
If you want to REALLY help this "friend" out, help him get a bus schedule and let him take the bus. You might mention that if he saved his pot money, he might could afford to get his car fixed.
Right now, your friend has it good. No car...no problem...and he can still smoke his pot.
Sometimes, the best help we can give a friend, is to NOT do for them. I have been there and done that. Don't give in to guilt....because NOT giving this person a ride will make him come to terms with how he must help himself, choices he needs to make.
2006-07-21 00:29:09 · answer #2 · answered by scruffycat 7 · 0⤊ 0⤋
ok here we go..there are 3 types of possesion:constructive(not on you) joint(they charge both of you and regular...being the owner of the car the police can technically arrest you since it's your vehicle.In florida they can also seize your car cause it was used while there was narcotics in it. That being said, I doubt the police would take you if they found a little pot in your car but then again the only way to be safe is to not have it at all,
2006-07-21 01:09:47 · answer #3 · answered by SUPERMAN 2 · 0⤊ 0⤋
I would be careful. If they find it in his pocket it would be clearly his.
but
If your friend does pot he is not stupid. He will not hesitate to get off the charges. WHAT IF you get stopped and he dropps it on the floor to get rid of it or in a common place in the car. Lets say it is found by the police. Are either of the two of you going to claim it? NO WAY. He may turn on you and say it is yours. The police have a witness now against you and YOU go to jail. Or the police take both of you to jail if noone claims it.
Even if you are with him and he goes to jail, you are going to get a bad name with the police just by association. You will be making problems with yourself. I would ditch him as a friend and / or turn him in when you know he has it on him.
2006-07-22 02:17:29 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Hey,
Yes you would get busted also...If I was you, I would tell him that if he was my friend, he would be honest and tell you the truth...If he can't be honest with you then he ain't a real friend....Sorry...But in order to make any relationship such as friendship, dating, marriage, and all that good stuff, it is base on TRUST...If you can't trust him b/c he hides things from you or lies to you, then that ain't a friend, and you shouldn't risk your life just b/c you was trying to be a good friend and take him somewheres that he wanted to go...It's not worth it...If you feel like it is your duty b/c you are his friend, than give him money for a bus ticket and let him get his ride like that...But whatever you do let him know that it is all in the best of intentions!!!
2006-07-21 01:15:50 · answer #5 · answered by afinechic_2000 2 · 0⤊ 0⤋
Yes you could get charged, but you have to give the police permission to search (or have done something stupid to give them probably cause). At least here in FL its like that. If I were you Id tell him not to bring it in your car, and don't back down. Check him, do not take his word for it. I'd also check your car REALLY good before leaving, you never know what he may have left.
2006-07-21 00:31:45 · answer #6 · answered by cognitively_dislocated 5 · 0⤊ 0⤋
Right now, pot is illegal and the government has made the rules so they can steal anything you own if yoiu get busted for even a joint.
I would tell my friend that my life is worth more than his sack of dope and to leave it at home or walk.
2006-07-21 00:08:55 · answer #7 · answered by sincityq 5 · 0⤊ 0⤋
If it is found in your truck and you keep your mouth shut (which you should!) you could possible go down. If it is on him, the charge is on him. If he is not truthful with you or if he doesn't respect your wishes, on what you want in your truck or not, do not give him a ride. Find some new friends!
2006-07-21 00:22:00 · answer #8 · answered by highchaparral2006 4 · 0⤊ 0⤋
Not only will you get drug charges but the court will seize your truck for having pot in it. Don't let him or his pot back in your truck if you want to keep it.
2006-07-21 01:28:26 · answer #9 · answered by frankie59 4 · 0⤊ 0⤋
I think you'd be better off with new friends. Of course his car is on the fritz cuz he's too fried and lazy to do anything about it. He'll probably blame it on you if he gets caught, he's a drug addict and that's what drug addicts do.
2006-07-21 00:50:11 · answer #10 · answered by Anonymous · 0⤊ 0⤋