Inorder to be convicted of possession...

[OlRoy]

What is the name of your state? NC

In order to be convicted of possession the prosecutor has to prove all three of the following.

1. That the person had physical possession of the marijuana or dominion and control over it.
2. That the person had knowledge of the marijuana's presence. 3. That there was a sufficient amount of marijuana to use as a controlled substance.

How does the prosecutor prove that someone had knowledge of its presence if they deny it? Lets assume someone was driving around with marijuana under the passenger seat... or if it was under the passenger seat and there was a passenger? There would be no way to tell whose it was. Is the driver supposed to frisk everyone who enters his car?

 

[Mike101]

Olroy,

The police often help a person find out who their true friends are. If your passenger owned the pot but does not claim it he falls into the not a friend category. What it comes down to is a driver is responsible for whatever is in that car. Or their house etc. Most of the time if its under the passenger seat and nobody claims it I'll tell the officer to charge everybody in the car.

 

[OlRoy]

I can understand how the driver of the car is responsible for it, but if marijuana is under the passenger seat that just proves he was in possession of it not that he knew about it. It could very well be a passenger left it under there without him knowing. So i don't understand how the prosecutor would be able to prove he knew about it....

Do you tell the officer to charge everyone in the car if no one clames it just so you can get a confession, or would he really charge everyone? You'd charge 3 innocent people for one persons crime?

 

[Mike101]

We give them a minute by themselves to talk. Then we ask again. Everybody knows its there and everybody knows who's it is. If nobody claims it they all get locked up. After they have a minute to talk and they still don't say then they aren't innocent anymore. I don't need a confession. I have the drugs and I have them. The person having knowledge is for the judge or jury to decide on. Usually with all the other facts that is not hard.

 

[OlRoy]

Just because theres marijuana in the car doesn't mean the owner of it told everyone that he had it. But yeah i guess thats one of the reasons we have judges and juries and its up to them on who should be convicted. If there is marijuana under the passenger seat and theres a passenger wouldn't the passenger be the one who is charged with possession because the drugs were under his seat?

 

[Mike101]

Its constructive possession. Everybody who can reach it can be charged. Anybody in the back seat could. The front passenger could and the driver always can. He is the one in control. If you ask who's it is the only one who can incriminate themselves is the owner of the marijuana. Give them a minute to talk and they come up with who's it is. If they don't then the court will figure it out. If they don't give the person up the saying is arrest them all and let the courts sort it out.

 

[OlRoy]

As always your posts have been very helpful, thanks.