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    Is guilt by association a crime?

    A good friend of mine was in a car with another one of his friends who was driving. the driver apparently had marijuana on his persons. The driver got pulled over for a brake light which was out.. while pulled over the driver threw his marijuana and pipe out of his pocket and onto the floor and in the backseat.. The officers smelled the marijuana odor when they approached the vehicle and deemed it necessary to search the car with drug dogs..apparently they found marijuana on the floor of the driver side and passenger side, a marijuana pipe which was found in the backseat tucked under the seat and lost but not least, a straw they found which was tested and contained cocaine residue.. the driver would not fess up for the drugs when they were found so all three people in the car were charged with posession of marijuana, paraphenalia, and a narcotics charge.. my friend who was in the passenger seat was unaware that the drugs were in the vehicle and no drugs of any kind were found on his persons when the search took place. Can they distribute all those charges among three people?? How do they distribute 3 charges for drug residue? Any legal advice or feedback would be appreciated.

    Last edited by Thornton1186; 04-07-2008 at 08:19 AM.

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    Yes, gyilt by being in a car where there are drugs.

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    yeh for sure.. i can understand that. Thank you

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    Quote Originally Posted by Thornton1186 View Post
    yeh for sure.. i can understand that. Thank you
    The charges were not "distributed".

    Each of y'all is charged with being in possession.
    Be not niggardly of what costs thee nothing, as courtesy, counsel, & countenance.

    Ben Franklin

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    Quote Originally Posted by calalily View Post
    Yes, gyilt by being in a car where there are drugs.
    Dead wrong. Even if you knew the drugs were in there, they got nothing. I can produce case law if need be.

    The owner of the vehicle and drugs, well, that's a different story all together.

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    Here ya go:

    Lack of knowledge is a viable defense when prosecutors and police officers seek to charge everyone in a dwelling while a search warrant is being executed, all occupants of an automobile which contained drugs, or persons who happened to be on a street corner where drugs are found nearby. In Carr v. Commonwealth, 481 S.W.2d 91 (Ky. 1972), the evidence was insufficient to sustain the conviction of an automobile passenger. The defendant "was a passenger; he had driven the automobile on occasion; he was a friend of the [co-defendant]." There is no direct evidence that he knew the drugs were in the automobile, that he used such drugs, that he pushed or sold such drugs on this occasion or at any other time, or that he knew that the [co-defendant] did. [The defendant] is linked to the drugs by a Siamese integument leading to a two-headed body of suspicion and innocence, not a live, normal, squawling conviction. There is no direct evidence that he had possession or control of the drugs." Id. at 92.
    God I'm good!
    Last edited by Scooterdog; 04-07-2008 at 02:26 PM.

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    distributed was jus the first word that came to mind. I think you understood what i meant. Thanks for the post an the english lesson.

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    Thanks a bundle scooter.. I'm sure this'll get my buddy's hopes a lil higher. appreciate the help

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    Quote Originally Posted by Thornton1186 View Post
    Thanks a bundle scooter.. I'm sure this'll get my buddy's hopes a lil higher. appreciate the help
    Never a problem, always glad to help. Makes one wonder the motivation of other posters who were attempting to lead you and your friend iinto the gas chamber. Thats just unacceptable.

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    http://findarticles.com/p/articles/m...10060007/print
    Please read the above article and the one below http://a1b2c3.com/drugs/law08.htm

    New York - One of the most dramatic issues in felony drug possession cases arises when drugs are recovered from inside a car.

    When drugs are recovered from inside a car, the police usually arrest every person inside the car and charge every person with the same possession.

    The law permits all passengers to be charged with and convicted of possession of drugs found anywhere in a car.

    In fact, if such a case were to go to trial, the judge would specifically instruct the jury that your presence in the car with the drugs (no matter where the drugs were recovered) is enough for them to find that you KNEW the drugs were there.

    This would be true even if the drugs were found in a secret, locked container in the truck of the car, it wasn't your car, and you were not driving.

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    Why? Because what they are doing isn't lawful? Hell, I already knew that. They cannot simply over-ride the case I posted.

    I can produce several cases, but what would be the point? The original poster already knows it's bogus.

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    Wouldn't the fact that the officers smelled the pot eminating from the car exclude his defense that he didn't know?

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    Quote Originally Posted by calalily View Post
    Wouldn't the fact that the officers smelled the pot eminating from the car exclude his defense that he didn't know?
    Only the owner of the vehicle. Hell, why not arrest everyone within 10 blocks?

    He may have not known then, but he knows now that just because they charge you, doesn't make it right.

    Does this cop have some super smell sensor? I can burn several things that look like marijuana, smell like it, and even taste like it. They sell it all over the net, it's called herbal smoke, and its legal. Who's to say that's not what the cop smelled?

    Really, is this cop saying it was a "community" pipe for god's sake? Please. There are more important things to be doing other than picking on the pot heads. Why not go stop a murder or rape?

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    It is still a crime to have possession of pot. Just because Scooter you regularly smoke it doesn't mean it should be legal. Almost everyone arrested with drugs says it isn't theirs. Gee, you don't think police hear that all the time? If you want to stay out of trouble, stop hanging out with people who use drugs.
    I am not an attorney. Do not consider this legal advice.

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    yeh but it was found inside the vehicle on the floor. it was never found on that person..thats an easy out for the driver then cuz he knows it'll take the heat off of him.. he's throwin i upstanding young guys into the gas chamber like scooter said.. duranie your logic is very ridiculous in the fact that there's still a young guys reputation at stake. this guys has a business to run.. its easy to say hey dont hang with those guys thats the easy part. How does that help the current situation though?? i dont consider anything you said advice.. but thank you

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