Dankishdialect
Registered on
Mar-11-2006
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Message #3794 posted by Dankishdialect (Info) March 11, 2006 12:44:18 ET
This past thursday night a friend and I were pulled over by the police, in his truck. In my friends backpack was a sack and a pipe and under his seat was a second sack. On me, I had no paraphernalia or marijuana. My friend claimed all of the paraphernalia and marijuana in the car. The officer placed him and I in cuffs, and told me I was being detained.
15minutes later I was put into the back of the squad car and buckled in, still told I was being detained. I told the officer I had nothing on me, and that if I was not being placed under arrest I would like to leave. He said that since my "eyes were red" and "marijuana usage constitutes possession" - that i was being placed under arrest for possession of marijuana.
I spent the night in jail and was charged with possession.
My question is, what constitutes possession? I was under the impression that simply being a passenger in a car that a controlled substance was found in was not grounds for possession since nothing was found on me, or even under my seat. I believe I can fight the charge and get it dropped, however I think it might end up coming down to how ambiguously the officers report was worded. Thoughts?
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