Arrest, Search, Seizure, Warrant RE: Guilty by Association...

[knorth21]

Guilty by association.

I was recently the passenger in a car driving with three of my friends. We were headed to South Carolina and the driver was pulled over for speeding. Neither the driver nor myself or the other passengers were drinking or using drugs in the car. After some questioning the officer asked the driver if he could search the vehicle. The driver said yes becasue he had nothing to hide. The officer proceeded to search one of my freind's passengers suitcases and discovered an ounce of marijuana. We were all arrested and carted off to jail. Will I get in trouble or get permanant charges becasue I was a passenger in a car where drugs were found even though the car wasn't mine, I wasn't driving, and the suitcase the drugs were found in belonged to someone else?

 

[NYClex]

it is impossible to say without knowing all the details of the case, but probably you will not be charged, if it is clear that the suitcase belonged to another person and there was no other contraband found in the car.

 

[knorth21]

To follow up, It turns out that one of the passengers in the car (not the one with marijuana in his suitcase) also had marijuana in his pocket. I was not aware of this intially due to my near anxiety attack about the encounter with the police. Does this change things for me at all? I have still not have not yet had formal charges filed against so maybe I am out of the woods? If there are charges filed do I have a good chance of getting off?

 

[Michael Wechsler]

I don't htink that there is an issue of you getting off because I'm not sure that you can reasonably be charged at this point. The problem is your friend's.

To follow up, It turns out that one of the passengers in the car (not the one with marijuana in his suitcase) also had marijuana in his pocket. I was not aware of this intially due to my near anxiety attack about the encounter with the police. Does this change things for me at all? I have still not have not yet had formal charges filed against so maybe I am out of the woods? If there are charges filed do I have a good chance of getting off?