Drugs found in a car search, and no one admits to ownership, everybody charged?

[ajml]

What is the name of your state (only U.S. law)? New Jersey

I am just wondering the laws around this in general so just looking for any information regarding this issue, whether its pertaining to a gram of pot in a jeep in NJ, or a case of machine guns in a greyhound bus in texas. Either way I am sure it would be interesting to know about any laws regarding this.

However, if you do prefer a more specific scenario, I wouldn't mind any thoughts on the following:

As a passenger in a SUV with four occupants, I was pulled over (we were all under 18). After the arresting officer searched (or rather used force and razor blades to destroy the vehicles interior beyond repair) the vehicle for over 30 minutes, he looked for a second time in the center console and discovered an empty film canister which I later found out through the police discovery tested positive as containing <0.08 g of marijuana (as in less than one-tenth of a gram). Illegal, none the less. At this time in all of our lives, we were not using marijuana, and had not in weeks. Nbody (yes, including the driver) had any knowledge that this container was in the console. (This is true, the owner of the vehicle - the drivers parent - had left it there months earlier, after seeing that there was nothing inside of it). Anyway, the officer threatened to charge and arrest all four of us if no one would admit that it was theirs.

So finally, after a long ordeal of separating and questioning us, we decided to simply do the right thing, and all tell the officer the truth. We were all immediately arrested and charged with possession of <50 grams of marijuana.

Is this really the law in NJ, or anywhere? It seems ridiculous.

I am not biased against police officers in anyway, this particular one just seemed like a bad seed, and/or a victim of a bad system.

I just think this is Un-American man. Getting arrested for telling the truth. It's like the Salem witch trials. Charged if you're honest, charged if you lie.



Just a footnote: After we were charged and arrested, all of us were released immediately to our parents. The driver lied and falsely admitted that it was his at the police station, so the other passengers and I were never given a court date, citation, or anything.

Of course almost a decade later, the very first result that comes up when googling my name is a police press release stating I was arrested and charged with possession...but hey! I deserve that right? Apologize for bitchen, just pretty heated when I think about it still after all this time.

Thanks for any info regarding this, and my bad if I posted this in the wrong place or anything. First time user on the site.

 

[quincy]

What is the name of your state (only U.S. law)? New Jersey

I am just wondering the laws around this in general so just looking for any information regarding this issue, whether its pertaining to a gram of pot in a jeep in NJ, or a case of machine guns in a greyhound bus in texas. Either way I am sure it would be interesting to know about any laws regarding this.

However, if you do prefer a more specific scenario, I wouldn't mind any thoughts on the following:

As a passenger in a SUV with four occupants, I was pulled over (we were all under 18). After the arresting officer searched (or rather used force and razor blades to destroy the vehicles interior beyond repair) the vehicle for over 30 minutes, he looked for a second time in the center console and discovered an empty film canister which I later found out through the police discovery tested positive as containing <0.08 g of marijuana (as in less than one-tenth of a gram). Illegal, none the less. At this time in all of our lives, we were not using marijuana, and had not in weeks. Nbody (yes, including the driver) had any knowledge that this container was in the console. (This is true, the owner of the vehicle - the drivers parent - had left it there months earlier, after seeing that there was nothing inside of it). Anyway, the officer threatened to charge and arrest all four of us if no one would admit that it was theirs.

So finally, after a long ordeal of separating and questioning us, we decided to simply do the right thing, and all tell the officer the truth. We were all immediately arrested and charged with possession of <50 grams of marijuana.

Is this really the law in NJ, or anywhere? It seems ridiculous.

I am not biased against police officers in anyway, this particular one just seemed like a bad seed, and/or a victim of a bad system.

I just think this is Un-American man. Getting arrested for telling the truth. It's like the Salem witch trials. Charged if you're honest, charged if you lie.



Just a footnote: After we were charged and arrested, all of us were released immediately to our parents. The driver lied and falsely admitted that it was his at the police station, so the other passengers and I were never given a court date, citation, or anything.

Of course almost a decade later, the very first result that comes up when googling my name is a police press release stating I was arrested and charged with possession...but hey! I deserve that right? Apologize for bitchen, just pretty heated when I think about it still after all this time.

Thanks for any info regarding this, and my bad if I posted this in the wrong place or anything. First time user on the site.

There is nothing "un-American" about what happened to you. You can be arrested and charged based on evidence found and you can be arrested and charged if you admit to committing a crime (although it is a bit stupid to admit to a crime you did not commit).

What to do when you are arrested and/or charged with any crime is to tell the police you wish to speak to your attorney. Do not say anything to the police except that, and that you wish to exercise your right to remain silent. Then find an attorney and consult with him. Let him speak for you. He will do it in a way that will protect your rights.

FreeAdvice members do not generally entertain hypothetical questions or debate general legal issues. There are other places on the internet for that. This forum is designed to answer the real, current and specific legal questions of posters and to address their real, current and specific legal concerns by providing resources and advice.

 

[davew128]

No getting a four game suspension for not rolling over to a less than independent investigator is a Salem Witch Trial. Being fined $1,000,000 and losing two draft picks after being exonerated is a Salem Witch Trial. This is nothing.

 

[quincy]

No getting a four game suspension for not rolling over to a less than independent investigator is a Salem Witch Trial. Being fined $1,000,000 and losing two draft picks after being exonerated is a Salem Witch Trial. This is nothing.

I generally find University of Michigan grads to be beyond reproof but I see no Salem witch trial in Brady's suspension.

 

[single317dad]

No getting a four game suspension for not rolling over to a less than independent investigator is a Salem Witch Trial. Being fined $1,000,000 and losing two draft picks after being exonerated is a Salem Witch Trial. This is nothing.

Here's an idea: stop cheating.

I'd go back on topic but I have nothing to add beyond the advice given.

 

[HighwayMan]

At this time in all of our lives, we were not using marijuana, and had not in weeks.

What a dumb statement. "At this time in our lives"? You mean "This week"?

In any event, all occupants of the vehicle were in constructive possession of the marijuana, so unless someone admits to it being theirs then everyone in the car gets arrested and charged. It's pretty much that way everywhere.

 

[TigerD]

What a dumb statement. "At this time in our lives"? You mean "This week"?

In any event, all occupants of the vehicle were in constructive possession of the marijuana, so unless someone admits to it being theirs then everyone in the car gets arrested and charged. It's pretty much that way everywhere.

I think they literally mean at the moment they were stopped.

Of course almost a decade later, the very first result that comes up when googling my name is a police press release stating I was arrested and charged with possession...but hey! I deserve that right? Apologize for bitchen, just pretty heated when I think about it still after all this time.

I'm surprised anyone is responding to this.

TD

 

[davew128]

I generally find University of Michigan grads to be beyond reproof but I see no Salem witch trial in Brady's suspension.

How about a Kangaroo Court?

 

[davew128]

Here's an idea: stop cheating.

Here's a better one: Prove they did.

 

[LeeHarveyBlotto]

Here's a better one: Prove they did.

They did. If one wants to compare it to the "real" world, the situation is far closer to a civil matter than a criminal one IMO, and the "judge" found that the preponderance of the evidence is on the side of the league.

 

[davew128]

They did. If one wants to compare it to the "real" world, the situation is far closer to a civil matter than a criminal one IMO, and the "judge" found that the preponderance of the evidence is on the side of the league.

In a civil matter, the defendant has the opportunity to challenge the evidence, make arguments, and cross examine witnesses. The report itself was sketchy, the punishment completely disproportionate. The team was basically absolved but punished anyway. Yeah THAT makes sense.

 

[Zigner]

In a civil matter, the defendant has the opportunity to challenge the evidence, make arguments, and cross examine witnesses.

In a private business (albeit, a huge one)...not so much

 

[davew128]

In a private business (albeit, a huge one)...not so much

I agree, but the civil trial analogy doesn't work because more than anything else, I don't think any reasonable person could look at Ted Wells or his report as being neutral or unbiased. The closest analogy I can think of would be the plaintiff's attorney preparing a report, which is pretty much what this is. Embrace anything that might help your case and ignore anything that would hurt it.

 

[quincy]

I agree, but the civil trial analogy doesn't work because more than anything else, I don't think any reasonable person could look at Ted Wells or his report as being neutral or unbiased. The closest analogy I can think of would be the plaintiff's attorney preparing a report, which is pretty much what this is. Embrace anything that might help your case and ignore anything that would hurt it.

Brady has the opportunity to appeal his suspension (I think he is making an announcement on that today) and he can then challenge the evidence and question the witnesses and make arguments against his suspension. And the Patriots have the opportunity to appeal the sanctions.

Whether there will be an appeal or not is anyone's guess at this point. I imagine both Brady and the Patriots are weighing carefully the pros and cons of doing so.

 

[cbg]

Getting back on track, I am wondering if the OP seriously believed that if no one admits to ownership of an illegal substance, no one should be charged? What did he think was going to happen?