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Charged with possession, wasn't possessing.

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WaWI

Junior Member
So I live in Wisconsin. Last night, I was with my brother and a friend. We had all been drinking, but only my friend is under 21. We were on our way home and stopped up on a parking ramp to hang out for a second. The cops were called because it was so late, and young people are always followed. None of us were driving, we were all on bikes.

The cops came and issued my friend an underage drinking fine right away. They had found a pipe that was left out, and immediately searched our bags, and us. My brother was the only one carrying anything, and he was arrested and cuffed immediately. Me and my friend had nothing on us, and never admitted to smoking. They even smelled my water bottle to make sure there was no alcohol of any sort in it.

We were all taken to the courthouse. The cop said we would be there for an hour or so, and then we would be free to leave. We were all photographed, and fingerprinted. We ended up spending around 4 hours in the jail, until somebody came and picked us all up. We were all charged with possession of THC, and possession of paraphernalia.

My question is: How can I be charged with even one of those, if I had nothing on my person? I wasn't carrying anything, and I told them I wasn't smoking at all. I even offered to do a blood test, but they never took me up on that. I just don't see how they can charge me with something when I wasn't in possession of ANYTHING. We can't all be possessing the same pipe, and the same little bag of weed (under 1 gram). It doesn't seem right.

Any help, experience, or insight would be of great concern.
 


FlyingRon

Senior Member
The pipe and the weed were in your constructive possession.
Yes you can all be charged with possession under these circumstances.
Whether you were using the drugs is immaterial to a possession charge.
 

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