A police officer stops a car for speeding and there are four occupants; two men in the front seat and two in the back seat. The officer notices a small baggie of marijuana on the console between the two men in the front seat. Can he arrest all four for possession? If not, who gets arrested? Would it make a difference if it was a more serious drug such as cocaine rather than marijuana?
2006-07-23 10:16:19 · 16 answers · asked by Wayne W 2 in Politics & Government ➔ Law Enforcement & Police
Taters is correct. It is called "Constructive Possession" or more commonly "Joint Possession".
Four people in a car with something in plain view. Nobody takes ownership. All were in a position to
a. put it there
b. remove/dispose of it
c. remove themselves from the proximity of it.
Knowledge, care and control. All could have it. All can be arrested, charged and convicted.
2006-07-24 04:21:37 · answer #1 · answered by Jim D 3 · 3⤊ 0⤋
First of all you need to pick a State and then follow their guidelines. This can mean that every state has a different view of who was in possession of the contraband. There are states where the law is, if no one admits to the contraband being theirs then everyone can be arrested and charged. Also simple possession of marijuana in some states is not a criminal offense. Doctors can actually give a prescription for you to use the marijuana as a medicine.
The second question: yes cocaine is a controlled substance and carries much stiffer jail sentences and or fines.
Remember this you have to obey the law of the state you are in whether you live there or just passing through.
2006-07-23 21:39:38 · answer #2 · answered by mayberrynut 2 · 0⤊ 0⤋
Will depend on the state, in GA for example any group of people in a car, or standing in a park, if they are stoped and drugs ar found all can be charged with its possession.
So in GA, all would be arreested, and questioned now with 4 people, someone is going to testify against the others, they may even lie to get out of trouble, but someone will say something. Most likely the two if the front will be the ones to finally go to court, but the other two will be arrestted to get them to give evidence. If they don't they may also go to court.
In normaly. The driver will be considered the most guilty, and the police could even take the car under thier laws.
2006-07-23 23:11:37 · answer #3 · answered by Anonymous · 0⤊ 0⤋
All four can be arrested, this legal concept is sometimes called "possession by construction". Basically if you can reach it, it can be reasonably believed that you possessed it.
Now, all four CAN be arrested and whether or not they actually ARE arrested will have a lot to do wtih officer discretion. Some officers will only arrest the person who admits that it was their dope...they'll only arrest all four if no one admits to it.
In your scenario, it's pretty likely that all four would go to jail since it was in view of everyone in the car and it was most likely that everyone in the car at least knew the dope was there, even if they had nothing to do with putting it there.
2006-07-23 20:37:24 · answer #4 · answered by taters_0 3 · 0⤊ 0⤋
If noone admits that it is theirs, then the cops can hold all four of them but usually the driver is the one that is responsible for the vehicle since they are driving the car. I believe if it were cocaine, then all four would definitely be taken into custody and questioned until someone admitted it. Pot is one thing but Coke is something they want to get to the bottom of because that stuff can mess you up I have heard.
2006-07-23 17:23:36 · answer #5 · answered by tre_loc_dogg2000 4 · 0⤊ 0⤋
It depends. I know some states only arrest the person who says it is theirs or may arrest the driver or even everyone if nobody claims it. I saw a show on tv the other day where EVERYONE in the car was arrested, but I can't recall the state.
2006-07-23 17:21:07 · answer #6 · answered by Yahoo Police Barney Fife 2 · 0⤊ 0⤋
You ALL get arrested. It's called guilty by association and in a lot of states hold up in the court of law. Ignorance is no excuse in the eyes of the law. This is why it is impartive to know who your friends are to avoid ever being in such predicaments!
2006-07-23 17:21:29 · answer #7 · answered by Mellow_E 2 · 0⤊ 0⤋
Yes all four can get arrested but, they usually get the driver first cause he is in control of the vehicle.
2006-07-23 17:21:48 · answer #8 · answered by lissa15369 1 · 0⤊ 0⤋
If the drug is not on a particular person, they may arrest all four people. However, if it was on just one person...Chances are that just that person would be charged.
2006-07-23 17:21:00 · answer #9 · answered by Anonymous · 0⤊ 0⤋
all four can get arrested. it would be the same with cocaine, or any other drug.
2006-07-23 21:24:39 · answer #10 · answered by g-dogg 3 · 0⤊ 0⤋