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Barry
CEO/NeverGetBusted.Com
Joined: 03 Apr 2007
Posts: 499
Location: Texas
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 Posted: Wed Apr 16, 2008 1:42 pm Post subject: Questions Answered In An Email |
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I answered the following questions for a person in an email. I though they might be helpful to our readers:
1)If marijuana is found under the vehicle, can someone in the vehicle be charged with possession?
If pot is discovered anywhere on or in the vehicle, all occupants can be charged. The
answer is, "yes."
2) Can and do the authorities try to acquire finger prints/DNA from bags and/or paraphernalia?
Absolutely! Keep prints wiped off any contraband.
3) If I have my dogs in the vehicle, does that in anyway deter the search process?
It makes it more difficult for the K-9 handler to make a search.
4) If illegal substance is found in the vehicle with two or more occupants and no one admits to it, who, if anyone, gets charged and what is the normal end result if charges are filed?
Normally all are charged except juveniles. Normally all who are charged wind up reaching
a plea agreement.
5) Can a pipe with marijuana residue cause someone to be charged?
In most states, a pipe without residue is simply a "tobacco pipe." Add pot residue and you now have "drug paraphernalia." The answer is "yes."
6) Can someone be forced to take a drug test?
The only time a citizen can be forced to take a toxicology test is if they were driving a vehicle that was involved in an accident that created serious bodily injury or death. Other than that, no person can be forced to submit.
7) If someone was hurt in an accident, at the hospital, can the police require a drug test from blood being withdrawn?
Yes. |
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shortyflow
M.I.A.M.I
Joined: 24 Apr 2008
Posts: 556
Location: Porter Pot in Brazil
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| Posted: Fri May 02, 2008 8:34 pm Post subject: |
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| thanks Barry |
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FZRaven
Activist
Joined: 07 Aug 2007
Posts: 285
Location: Vermont
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| Posted: Sat May 03, 2008 1:51 pm Post subject: |
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| Yes, thanks for the post, lot's of information. |
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K9/ICE
Concerned Citizen
Joined: 11 Jan 2008
Posts: 6
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| Posted: Mon May 05, 2008 6:31 am Post subject: |
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Barry,
Your answers are mostly correct. This would all depend on where you live or where you "get busted". In my particular location there are some variations in the answers to some of your questions due to case law (which I study and try to keep up with everyday) which I will detail below.
Question #4: If illegal substance is found in the vehicle with two or more occupants and no one admits to it, who, if anyone, gets charged and what is the normal end result if charges are filed?
Your Answer: Normally all are charged except juveniles. Normally all who are charged wind up reaching a plea agreement.
In my location case law by the DCA (District Court Of Appeals) in constructive possession cases there has to be some kind of proof of knowledge or nexus between the person and the contraband, without this an occupant can not be charged and our attorney will not even file on it.
Case Law:
The State must prove that the defendant had knowledge of the presence of the drug and the ability to exercise dominion and control over the same. See Snell v. State, 939 So. 2d 1175, 1179 & 1179 n.1 (Fla. 4th DCA 2006). “When a vehicle is jointly occupied, [*5] a defendant’s ‘[m]ere proximity to contraband is insufficient to establish constructive possession.’” Hargrove v. State, 928 So. 2d 1254, 1256 (Fla. 2d DCA 2006) (quoting Skelton v. State, 609 So. 2d 716, 717 (Fla. 2d DCA 1992)). “Knowledge of and ability to control the contraband cannot be inferred solely from the defendant’s proximity to the contraband in a jointly-occupied vehicle; rather, the State must present independent proof of the defendant’s knowledge and ability to control the contraband.
Question # 6 : Can someone be forced to take a drug test?
Your Answer: The only time a citizen can be forced to take a toxicology test is if they were driving a vehicle that was involved in an accident that created serious bodily injury or death. Other than that, no person can be forced to submit.
In my location I'm not aware of any situation where you can be “forced” to take any test including vehicle crash with injury or death without a warrant signed by a judge. But under “implied consent” if an officer has a reason to believe that you are too impaired to operate a motor vehicle, but there is no signs of alcohol use, or there is evidence of drug use the officer can “request” a blood draw for a drug test. If you refuse you CAN NOT be force to give but in refusing you automatically loss your driving privilege for one year.
AGAIN, I know your answers are not wrong but it is important that everyone research there specific state and judicial circuits for the “laws of the land”. |
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socrateez
Cannabis Castaway
Joined: 01 Feb 2008
Posts: 1031
Location: Sittin in a cave, high as hell......
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| Posted: Mon May 05, 2008 8:02 am Post subject: |
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| Quote: | | In my location I'm not aware of any situation where you can be “forced” to take any test including vehicle crash with injury or death without a warrant signed by a judge. But under “implied consent” if an officer has a reason to believe that you are too impaired to operate a motor vehicle, but there is no signs of alcohol use, or there is evidence of drug use the officer can “request” a blood draw for a drug test. If you refuse you CAN NOT be force to give but in refusing you automatically loss your driving privilege for one year. |
Arizona has such a law. Sure, your not "forced" to consent by signing and accepting a drivers license, even if you are impaired. I would however call it coercive.
| Quote: |
In my location case law by the DCA (District Court Of Appeals) in constructive possession cases there has to be some kind of proof of knowledge or nexus between the person and the contraband, without this an occupant can not be charged and our attorney will not even file on it. |
As it should be, but isn't always the case:
I met a man who beat a State case in MO. for a gun under the passenger seat of of someone Else's car he was riding in. The State couldn't prove it was his at Trial. He won. Also to note, this person beat a case by the same prosecutor some years before. But, and here is the scary part...the prosecution handed the case over to the Feds. He ended up taking a 3 year plea (which was his guideline range for sentencing) to avoid a 15 year sentence with "enhancements".That's how easy it is for the Gov to put you away if you piss off the wrong prosecutor! No double jeopardy.
Thanks K9/ICE for the additional info and clarification of the fog our law makers have made of the 4th Amendment.  |
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