Possession of marijuana, and controlled substance

[jhelbaz]

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

I have a friend who was recently arrested for possession of marijuana and a controlled substance (Prescription drug).
My 2 friends were riding in one of their friends cars, who then got pulled over for a broken windshield (cracked). They pulled him over, and according to the police, while they were stopped and about to come to the car, there was movement in the back seat, and alot of movement. SO the cops pulled him over went to the door, and ended up searching the car. they then found several baggies of marijuana, and several pills which were identified as clonipine. they then arrested my friend and the owner of the car who was in possession of the drugs. Which doesnt make any sense whatsoever, because he was in the back seat, and the drugs were under his seat. He posted bond at a ridiculous amount of money totaling up to almost $26,000. for just 2 charges. Is this friend of mine, going to end up serving a high sentence for this crime? that he didnt even have any involvement in? he was in the wrong place at the wrong time. Please someone help me, thanks, j

[cyjeff]

Originally Posted by jhelbaz

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

I have a friend who was recently arrested for possession of marijuana and a controlled substance (Prescription drug).
My 2 friends were riding in one of their friends cars, who then got pulled over for a broken windshield (cracked). They pulled him over, and according to the police, while they were stopped and about to come to the car, there was movement in the back seat, and alot of movement. SO the cops pulled him over went to the door, and ended up searching the car. they then found several baggies of marijuana, and several pills which were identified as clonipine. they then arrested my friend and the owner of the car who was in possession of the drugs. Which doesnt make any sense whatsoever, because he was in the back seat, and the drugs were under his seat. He posted bond at a ridiculous amount of money totaling up to almost $26,000. for just 2 charges. Is this friend of mine, going to end up serving a high sentence for this crime? that he didnt even have any involvement in? he was in the wrong place at the wrong time. Please someone help me, thanks, j

Here is what you do.

You direct your friend to this site so that we can ask him a few questions.

From what you have said, I don't see any wrongdoing... especially if your friend was sitting on the drugs at the time.

[dave33]

There is a lot that is unclear here. He was in pos. or they were under the seat? The fact that the bail was so high would indicate there is other circumstances. Why did the car get searched? Did he give consent? Since he is charged, whether he is guilty or not he will need a lawyer to protect his rights. Also it seems possible that if he was in the back he could have put them under the seat just as easily as anyone else. The officer was probably unclear so he charged whom he thought was the most likely guilty party.

[cyjeff]

Originally Posted by dave33

There is a lot that is unclear here. He was in pos. or they were under the seat? The fact that the bail was so high would indicate there is other circumstances. Why did the car get searched? Did he give consent? Since he is charged, whether he is guilty or not he will need a lawyer to protect his rights. Also it seems possible that if he was in the back he could have put them under the seat just as easily as anyone else. The officer was probably unclear so he charged whom he thought was the most likely guilty party.

The car was searched because the back seat occupants jumped around like they were hiding something during the stop.

Since the officer didn't know if it was a gun, the search was, possibly, warranted without consent.