3 arrested for loose marijuana under seat of borrowed car

[Dyna]

What is the name of your state (only U.S. law)? Florida
We live in a very small town, nothing to do but ride around or hang out. The local PD pulled my daughter's friend over 4 times in the past month. On Thursday night they rolled up on them at the public dock, searched the vehicle and brought in the dog. Found nothing. On Friday night 3 patrol cars pulled up as they were parked next to a gas station/convenience store. Again they searched the vehicle, a more extensive search, and this time they found a very small amount of little bits of marijuana under the passenger's seat. The amount was so small that it would have been funny if they hadn't been arrested. My daughter and her friends are all adults, no criminal records and had not been drinking or getting high (yes, my daughter does smoke from time to time). The vehicle belongs to the driver's boyfriend and she is not considered a regular driver of it. She just borrows it and they released the vehicle to him that night at the scene. My daughter was sitting in the back seat, behind the driver.

I have a few questions about this case, the first one being, what chance does the State's Attorney have of convicting any of these girls since the marijuana was found under the seat and it was such a small amount? All 3 denied any knowledge of it...and they really had no idea it was there.

The public defenders in our county are horrible. They're more interested in making deals than defending their clients so I don't expect whoever my daughter is assigned to to want to do much to help her. Which brings me to my next question. Under the circumstances, would a motion to drop the charges because there is no evidence that any of these girls had been in possession of this tiny amount of loose marijuana have a chance of being granted? Should we push for her attorney to do this or is there a better strategy?

Any suggestions and information is greatly appreciated. Thank you.

 

[TheGeekess]

What is the name of your state (only U.S. law)? Florida
We live in a very small town, nothing to do but ride around or hang out. The local PD pulled my daughter's friend over 4 times in the past month. On Thursday night they rolled up on them at the public dock, searched the vehicle and brought in the dog. Found nothing. On Friday night 3 patrol cars pulled up as they were parked next to a gas station/convenience store. Again they searched the vehicle, a more extensive search, and this time they found a very small amount of little bits of marijuana under the passenger's seat. The amount was so small that it would have been funny if they hadn't been arrested. My daughter and her friends are all adults, no criminal records and had not been drinking or getting high (yes, my daughter does smoke from time to time). The vehicle belongs to the driver's boyfriend and she is not considered a regular driver of it. She just borrows it and they released the vehicle to him that night at the scene. My daughter was sitting in the back seat, behind the driver.

I have a few questions about this case, the first one being, what chance does the State's Attorney have of convicting any of these girls since the marijuana was found under the seat and it was such a small amount? All 3 denied any knowledge of it...and they really had no idea it was there.

The public defenders in our county are horrible. They're more interested in making deals than defending their clients so I don't expect whoever my daughter is assigned to to want to do much to help her. Which brings me to my next question. Under the circumstances, would a motion to drop the charges because there is no evidence that any of these girls had been in possession of this tiny amount of loose marijuana have a chance of being granted? Should we push for her attorney to do this or is there a better strategy?

Any suggestions and information is greatly appreciated. Thank you.

Let your adult daughter handle her adult problems.

 

[Dyna]

Wow, you certainly are helpful....not. Did posting that make you feel good?

 

[OHRoadwarrior]

what chance does the State's Attorney have of convicting any of these girls since the marijuana was found under the seat and it was such a small amount?

Depends on where they were sitting in relation to the pot.

would a motion to drop the charges because there is no evidence that any of these girls had been in possession of this tiny amount of loose marijuana have a chance of being granted?

Are you claiming the first dog planted it for the second dog to find? They were there, the weed was there. That is basically what the law requires. When you hang around with pot heads, you run the risk of getting busted for pot.

 

[CdwJava]

If your daughter does not like the public defender, she can hire her own attorney. If she cannot afford one, she can still decline to make a deal and tell her attorney to take the matter to trial and make the state prove its case.

However, it is also possible that one of the people in the car admitted to their using it or knowing it was there. How much was there and what really happened is something you really do not know because you were not present. You are likely getting your information from your daughter, so keep in mind that you may be getting the best possible "spin" on the case and not all the facts. The police simply don't go around calling in multiple police cars and conducting searches of people just hanging out. Something about the car, the occupants, or the owner has gotten the attention of the police. Or, maybe it's the areas they keep hanging in or the odors (of alcohol or drugs) that are emanating from the vehicle or its occupants when they are contacted.

No one can say whether or not the prosecutor can make a case here because we do not know what the state knows. They may have a great case, or, they may have nothing. Her attorney can obtain the reports in discovery and make a more educated opinion as to her chances at trial.

 

[Dyna]

CDwJave, thank you for the first sane response to my post.

 

[betachains]

It is an open forum. The best thing to do is to review a poster's history and decide on his/her credibility.

Among the frequent posters here, I would say that 5 or so just laugh at others' misfortunes and post one-line snarks. Interestingly all but one are women.

There are 5 or so others who post valuable opinions/advice based on their training, experience and professions.

 

[OHRoadwarrior]

BTW, according to what I read in another section of this site, your second comment was incorrect. Good job promoting the legal services offered on this website. I'm sure this will be the first place I turn for a legal referral should my husband or myself ever need representation.[/QUOTE]

The facts are relevant, the law is absolute. It does not matter whether you get the legal reality in a few sentence or many paragraphs.

 

[Dyna]

OHRoadwarrior, I agree that the facts are relevant and the law is absolute. You might want to take a few minutes to actually review the law regarding possession on this very website before you err again.

 

[Dyna]

betachains, thank you for your response. I understand that this is an open forum, however, this website has a business purpose and those who are here simply to act like imbeciles do more harm than good. I have to wonder how much business has been lost because of what some perceive as fun and games. It's a shame.

 

[CdwJava]

In general, to make a case for possession the state needs to show dominion and control. What this essentially means is that the person charged must have known, or should have reasonably known, that the contraband was present and that he or she had the ability to exercise dominion and control over the substance (i.e. he or she could touch it, move it, or could direct another to where it might go or be placed). As I mentioned, no one here knows whether the state can show this or not. However, having experience with these things there exists two likely possibilities ... one, the police simply charged everyone hoping that someone will either plead or roll over on the others, or, two, someone at the scene DID make a statement or gave some other indication of dominion and control by one or more of the parties in the vehicle.

Be wary about what you think you know about what happened as you were not there and teens and young adults in particular are prone to fudging the facts a tad when dealing with parents or others that they might entreat for aid (such as bail money and a place to live). As I mentioned earlier, it is not commonplace for the police to repeatedly gather officers in one place and deal with the same subject multiple times in a short time span unless there is something more to the story than kids merely hanging out together. SOMETHING piqued the curiosity of the officer(s) involved, and got them to searching. And, since marijuana tends to have a very distinct and pungent aroma, it's presence in the car or lingering on and about the occupants of the car is generally sufficient to support a detention and a search. And if your daughter smokes weed as you say, then chances are she has that odor on her or her clothing if she has been around it in the past few days and her things had not been well cleaned.

She should keep to herself and not speak of this to anyone - including parents - until she has had the opportunity to speak with legal counsel. Understand that there is no parent-child confidentiality under the law and you can be compelled to testify against her if the state were to so choose to subpoena you.

 

[OHRoadwarrior]

OHRoadwarrior, I agree that the facts are relevant and the law is absolute. You might want to take a few minutes to actually review the law regarding possession on this very website before you err again.

I suggest you review them, before continuing to show your ignorance of them. You asked 2 questions, I answered them correctly. As CDwjava noted, the rest is up to the courts. It is not my fault your little princess was nailed for being a stoner. When you come to a site seeking the Holy Grail for a legal issue, expect it won't exist. The truth that you wanted to hear was something along the lines of "if you sacrifice a red cat at midnight, on the night of a full moon, your princess will have her charges dropped and the police will give her 2 grams on the way out, for her trouble". The fact is she may be screwed based on where she was sitting in relation to the weed and whether they scare the other person near it first. You want to help your princess, tell her to offer to testify against a person sitting with closest access to where the weed was found. That is her easy way out.

 

[TheGeekess]

Wow, you certainly are helpful....not. Did posting that make you feel good?

Does shouting all over the interwebs that your adult daughter is a stoner make you feel good? Does sticking your nose in your adult daughter's legal business make you feel good? How does it make your adult daughter feel? And how is what I posted any different than those responses that you deemed 'acceptable'? They dressed it up. I cut to the chase.

 

[swalsh411]

Did your daughter (or another passenger) give them permission to search the car? If not what was their probable cause? It's not a crime to say no to the police when they ask permission to search.

 

[Antigone*]

Did your daughter (or another passenger) give them permission to search the car? If not what was their probable cause? It's not a crime to say no to the police when they ask permission to search.

How would she know... Mommy dearest was not there.

...and yes I am a woman (that was for betawhatever's sake)