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H

Hakkai

Junior Member
arizona

I was in the passenger seat and my buddy got pulled over, the car was searched because they officer said he smelled marijuanna, they found a joint in the ashtray of the car and the driver didnt admit to it being his. they said since he didnt admit to it being his I got arrested as well. so we both got taken down to the station strip searched and fingerprinted. my question is since it was not mine and since i didnt know it was in the vehicle will I be in trouble as well, or is that pending on if he admits to it being his.
 


CdwJava

CdwJava

Senior Member
If it was in a place where both of you could access it then - in theory - you could be considered in possession of the marijuana as well. Possession requires the ability to establish dominion and control, not ownership. If the officer smelled marijuana, chances are you did as well. And if you and your clothing smelled of marijuana, you're going to have a hard time arguing that you did not know it was there.

Did you have rolling papers, baggies, or matches on you? Were your eyes bloodshot? Were you high at the time of contact? Did the car wreak of marijuana yet you got in anyway? How big a joint was it?

Consult local counsel. It could well be that the driver will have to take the fall on this by himself unless he rolls over on you. But, it's just as likely that you will both take a hit for this.

- Carl
 
H

Hakkai

Junior Member
CdwJava said:
If it was in a place where both of you could access it then - in theory - you could be considered in possession of the marijuana as well. Possession requires the ability to establish dominion and control, not ownership. If the officer smelled marijuana, chances are you did as well. And if you and your clothing smelled of marijuana, you're going to have a hard time arguing that you did not know it was there.

Did you have rolling papers, baggies, or matches on you? Were your eyes bloodshot? Were you high at the time of contact? Did the car wreak of marijuana yet you got in anyway? How big a joint was it?

Consult local counsel. It could well be that the driver will have to take the fall on this by himself unless he rolls over on you. But, it's just as likely that you will both take a hit for this.

- Carl
Click to expand...

I didnt smell marijuanna at all in the car, I didnt have anything on me like matches or lighters or any thing of the sort. I didnt smell like it myself nor was i under the influence. i dont know how big it was because i didnt see it and i think the officer found it in the ashtray or a compartment.
 
CdwJava

CdwJava

Senior Member
Hakkai said:
I didnt smell marijuanna at all in the car, I didnt have anything on me like matches or lighters or any thing of the sort. I didnt smell like it myself nor was i under the influence. i dont know how big it was because i didnt see it and i think the officer found it in the ashtray or a compartment.
Click to expand...
The officer has a keener nose than you do.

As an FYI, people who do not smoke marijuana tend to be able to catch a whiff of it real easy. Same thing with smoking and drinking ... those of us who do not do either can usually smell it when others have been.

You might get lucky and the DA will find their to be insufficient evidence to proceed against you. However, depending on what the officer's report contains, there might be sufficient evidence.

I would recommend you at least consult with a local attorney. A local attorney can at least tell you what is likely to happen.

- Carl
 
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