Can the Police Arrest Me If I'M Riding in a Vehicle That Contains Marijuana?

As a criminal operate attorney in Fort Lauderdale, I have many links who question me, "Can the police arrest me if I am riding in a vehicle that contains marijuana?" Although you should never ride in a vehicle that contains marijuana, you can shorten your chances of physical arrested by pact the significance of the legal concept "constructive possession." The Fourth D.C.A. of Florida recently wrote an excellent analysis upon constructive possession in Brinkley v. State, 12 So.3d 311 (Fla. 4th D.C.A., 2009).

To be convicted below Florida enactment 893.13 (Possession of a Controlled Substance), the own up must prove greater than a reasonably priced doubt that you possessed and had knowledge of the marijuana. To possess means to have personal fighting of or exercise the right of ownership, management, or run beyond the concern possessed. Possession may be actual or constructive. Actual possession is a easy concept - in your hand, in a container in your hand, upon your person, or within ready accomplish and in your control. If a person has exclusive possession of a controlled substance, knowledge is inferred. Issues of constructive possession are more complicated, however.

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To support constructive possession of marijuana, the state must prove that you had (1) dominion and control higher than the marijuana, (2) knowledge that the marijuana was within your presence, and (3) knowledge of the illicit natural world of the marijuana. The most common business in contention is whether you had dominion and rule beyond the marijuana. If the vehicle in which the marijuana is found is in joint (no pun intended), rather than your exclusive possession (i.e. you're the passenger in a vehicle), knowledge of the presence of the controlled substance in the vehicle and your execution to preserve run on top of the controlled substance will not be inferred.

In laymen's terms, if you were foolish tolerable to be caught riding in a vehicle where a bag of marijuana was placed in plain view in the center console, the declare would nevertheless have to prove that you had "control" more than the marijuana, and not helpfully "knowledge" of the marijuana. Although not specifically defined, direct is the exploit to take, use, own, (or smoke) the marijuana without receiving right of entry from someone else. Mere proximity to the marijuana is not enough to sustain direct with the marijuana is not in your exclusive control. Possession may be joint (two or more people may exercise direct of the cannabis) but only if both individuals have direct beyond the marijuana.

To prove dominion and control, the police will have to observe you possessing, concealing, or inhaling the marijuana or if you create any incriminating statements admitting ownership of the marijuana. Notwithstanding the aforementioned reasons, the police cannot impute the ownership of the marijuana to you usefully because you are in a vehicle that contains marijuana. Therefore, never make any incriminating statements to the police later regards to ownership of the marijuana. No matter what the police deal you (i.e. we won't arrest you if you take ownership), attain not say you will ownership of the marijuana. Also, try to remain dispel - attain not create any furtive or fast movements that would lead the police that you are keyed up or frustrating to conceal the marijuana. Also, do not smoke the marijuana in the vehicle. It is oftentimes difficult to deny ownership behind you and the vehicle reek of marijuana.

On an aside, in the thing you still choose to ride in a vehicle which contains marijuana, make clear the marijuana is hidden (outside of plain view), preferably in the trunk or locked compartment. At a minimum, reach not depart the marijuana in plain view in the middle console or ashtray. Additionally, accomplish not keep any trimmings (pipe, rolling papers, etc.) on your person.

Finally, although the police shouldn't arrest you for possession of a controlled substance if they cannot feat actual or constructive possession, it doesn't strive for that the police won't arrest you anyways. The police routinely arrest car wealth of school students where marijuana is located within a vehicle, even considering they cannot pinpoint who exhibited dominion and control. At that point, it is crucial to approach an experience criminal defense attorney to analyze the specific facts of your exploit and file the invade Motions. Possession of even 1 gram of marijuana is punishable by happening to one year in jail and/or 12 months probation and a realistic two year driver's license suspension. get not plea out your dogfight without speaking to an experienced criminal defense attorney.

The counsel in this article site was developed by Lyons, Snyder & Collin, P.A. for informational purposes abandoned and should not be considered legal advice. The transmission and receipt of assistance from this article does not form or constitute an attorney-client link with Lyons, Snyder & Collin. Persons receiving the recommendation from this article should not lawsuit upon the guidance provided without seeking profession genuine counsel.