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Arrested for Possession of marijuana and visiting a common nuisance

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foxbox1982

Junior Member
What is the name of your state (only U.S. law)?
This incident occurred in Avon, Indiana. My boyfriend and I went to Avon to buy some items for my house at Menards. After that we went to Steak and Shake to get some food. He was driving and we were in his car. He tried to beat the light, it was yellow, but when we crossed it the light turned red. We were pulled over and the cop asked for the registration. We were searching for the registration and he stated that he would just run the plates. After leaving for a moment he comes back and has my boyfriend get out of the car. At this time I am still in the car, 2 minutes later they asked my to get out of the vehicle and they asked me to stand by the curb so they could check the car. While searching the car they found a bag with marijuana and he stated to the other policeman to "detain me". I was put in handcuffs and he stated that he was going to charge me with the same charge as my boyfriend. My boyfriend told them that the marijuana was not mine and that I did not know anything about it, but they still took me into custody. I have never been arrested before. They stated that the charge was "possession of marijuana (Class D felony) and visiting a common nuisance (class A misdemeanor). Can they charge me too when I did not know there was drugs in the car and also my boyfriend told them that it was his and not mine?
 
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justalayman

Senior Member
you have not provided the entire story.

for them to charge you with "visiting a common nuisance", they would have had to observer you visiting a common nuisance. You apparently left that part of your day out of the story.

best of luck to you. get an attorney.

just to give you a bone, Indiana law does not make it illegal to enter an intersection when the light is yellow. If you are being honest about that part, at least, that may give you some justification to argue the stop, and all of the resulting actions due to that.
 

CdwJava

Senior Member
So ... they also observed you go into a dope house before you ran the red light?

I suspect that wherever this was that you went to buy stuff for your place was actually a known dope dealer's residence.

Consult legal counsel.

- Carl
 

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