Drug Crimes, Substance Abuse Passenger in Car Searched and Detained Even Though Ownership was Taken

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Notashroomer

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A friend of mine and I were on our way home from what I thought was a friendly bar-b-que. As it turns out, while I was mingling, my friend was picking up mushrooms and marijuana(unbeknownst to me). So on our way home, he got pulled over for speeding and when the officer asked him to step out of the car he began singing like a bird. Told the cops where the drugs were, that I knew nothing about them, and all that jazz. Anyway, I had a little bit(2 grams) of marijuana on me(I smoke herb and am not ashamed or fearful of openly saying so). The officer came back to the car, removed me, searched me and found my herb on me. Even though he owned up to possession of the mushrooms(a cpcs-3 felony) and the sellable quantities of marijuana(39 grams in seperate baggies) we were both charged with the possession of the sellable quantities and taken to jail. My question is, is this legal? Ownership had been determined by my friends own admission and yet I was charged with drugs that I knew nothing about. I understand that I had marijuana on me, and am happy to take the punishment for my "crime". But as a passenger in the car, I did not submit to any search of myself, I was asked to step out of the car and my pockets were emptied and the contents searched. So Am I screwed to having to face down the felony charges or should I file a motion to have the felony charges dropped on the basis of a violation of my fourth ammendment rights?
 
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. . . not always true, but police will often just charge everyone, and let the prosecutor sort it out later. A lot easier to charge at the scene then later. And think about this as far as selling marijuana goes, what if the two of you were together selling it? What if you were driving him around house to house to clients? Then both of you are selling it. . .

An attorney is highly advisable.
 
Once the drugs were located, it is arguable that probable cause existed to search all the parties. There a couple of possibilities under which your attorney MIGHT be able to move for suppression of the marijuana found on your person, but success of that will depend on your state and the details of the contact and the officer's articulation. Being that they found dope packaged for sales is pretty serious stuff, and they are generally going to arrest anyone who could conceivably be involved. The fact that your friend "jumped on the grenade" can be helpful if he continues to make this admission. But, at trial, it is possible his attorney is not going to let him make that admission.

Consult local counsel.

- Carl
 
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