For example say drugs or a gun. If so what proximity does the item or substance have to be in relation to the person, in order for that person to be arrested.
Suppose you are walking down the street minding your own business, and out of nowhere a cop shows up and asks you to "get up against the wall..." to arrest you. Charging you with possesion of a substance which was found a few feet away from where you was walking.
How can a person protect themselves against that?
2006-10-05 08:54:04 · 10 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
It is called constructive possession. There is no specified distance or proximity but a general intent to possess has to be proven. Two classic examples are: You "discreetly" remove the illegal narcotics from your back pocket and drop them on the ground while continuing to walk away or there are two people riding in a vehicle and there is a bag of illegal narcotics visible on the passenger side floor board (both get arrested under the theory of joint constructive possession). The other option is actual possession-when they find the drugs in your pocket.
2006-10-05 09:09:56 · answer #1 · answered by Anonymous · 0⤊ 0⤋
There is a presumption that if contraband is found, say, in a place with several people around, it is assumed to belong to all of them. But this presumption is rebuttable, and that is what you hire a lawyer for! If you are walking down the street and a cop out of nowhere grabs you, throws you up against the wall and arrests you, the cop has serious problems and a good lawyer will get ALL the evidence from that arrest thrown out of court.
Those are the basic protections, and they all come after the fact. Sux, but that is why people need attorneys!
2006-10-05 09:28:27 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Dont try trowing your stuff while the police are looking then you wont get arrested. The "scenario " you just described is false. No police would arrest you for that. Nor would they even try. What probably really happened is the person was told to get against the wall and they "dropped" the substance or gun to try to make it look like it was not on there person. the only way you can be charged for something that is not in you position is if it on you property.
2006-10-05 09:00:17 · answer #3 · answered by bildymooner 6 · 2⤊ 0⤋
Yes you can be arrested for having a gun or drugs in your vicinity especially if you are on parole. If it is around your person it is still a form of possession if there is the slights cause to think that you might have known about it. Had a buddy went to prison for 3 years for a similar case then again his record was not exactly clean
2006-10-05 09:19:11 · answer #4 · answered by Rod is the coolest guy I know 2 · 0⤊ 0⤋
That specific scenario is unlikely, but a police officer can arrest you as long as he has probable cause to believe that the item was in your possession at some point. Why would the placement of drugs near a person constitute probable cause: well...how often do you find yourself near a bag of crack that doesn't belong to you?
2006-10-05 09:07:07 · answer #5 · answered by Anonymous · 0⤊ 1⤋
they have a lot extra major issues to be demanding about then looking drugs. so some distance because the searches bypass its unlike they ought to toss the homestead to do a suitable search for. There are in elementary words such fairly some places an individual can cover in a house, particularly if the resources vendors are there.
2016-12-04 07:38:54 · answer #6 · answered by harbert 4 · 0⤊ 0⤋
The cops can arrest you whenever they want. That does not mean charges will be pressed.
2006-10-05 08:56:50 · answer #7 · answered by WendyD1999 5 · 1⤊ 1⤋
your the blame to bad you were walking at the wrong time and the wrong time and place of the incident.he maybe seen something suspicious about you. No you con not be protected.
2006-10-05 09:56:16 · answer #8 · answered by alyssa 2 · 0⤊ 0⤋
no that's stupid. they cant and most cops won't waste their time on seomthing like that
2006-10-05 09:03:21 · answer #9 · answered by Audi11 3 · 0⤊ 1⤋
yes thay can and do bastards
2006-10-05 08:56:25 · answer #10 · answered by Anonymous · 0⤊ 0⤋