Alcohol & Drugs: MIP, MIC, Intoxication Confession From Thrid Party / Still Arrested

[miarioux]

I was driving with some friends, and they had smoked pot in my car while I was using the bathroom at a gas station. I got back in the car, and smelled it, and told them to get rid of it, because Im on probation. I get pulled over later, and the cop smells the pot. He asks all of us to get out of the car, and finds a bag of pot under my passenger seat, and a bong in a napsack in my trunk, which my friend had put in there, since he was spending the night over anothers house. One of my friends confesses it was all his, and the cops still arrested us all. The cop also didnt read us our miranda rights, but didnt question us. I was wondering what the extent of the knowledge has to be in order to still be considered in possession.

 

[freebird]

You may have a difficult time with this since the bag was under the passenger seat of your car and the officer could smell it. On the other hand, if your friend claimed it was his and the napsack was his as well, you can plead not guilty since you were not in possession of the substance. You don't just have a criminal charge dismissed because nobody read Miranda. All it means is that if you said something incriminating without having it read to you, those statements could be stricken and unable to be used against you.

In this instance it might be better that your rights were read to you. Your friend's confession could be used against him and to the benefit of your case.

Originally posted by miarioux
I was driving with some friends, and they had smoked pot in my car while I was using the bathroom at a gas station. I got back in the car, and smelled it, and told them to get rid of it, because Im on probation. I get pulled over later, and the cop smells the pot. He asks all of us to get out of the car, and finds a bag of pot under my passenger seat, and a bong in a napsack in my trunk, which my friend had put in there, since he was spending the night over anothers house. One of my friends confesses it was all his, and the cops still arrested us all. The cop also didnt read us our miranda rights, but didnt question us. I was wondering what the extent of the knowledge has to be in order to still be considered in possession.