guilt by association laws

Jun 30, 2009 00:30

So, what is the deal with this in regards to drinking and drugs with car searches ( Read more... )

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hellonurse June 30 2009, 17:43:33 UTC
It all depends - if they can prove that someone was going to sell or distribute substances, and that there was an agreement amongst two or more people to aid in the process (aiding can simply mean to not turn them in when you knew that a crime was taking place), then one could possibly be charged with conspiracy.

However, if these people are real friends, then the one who actually owns the pot (who actually bought it/grew it and kept it in his possession) will come forward and admit that none of the others knew about it or had ownership of it. So generally, if you're dealing with a group of friends who get stopped and searched, you'll see it go down this way - and in that case, only one person will be charged with possession.

As far as searches - probable cause usually entails something substantial, like the smell of marijuana smoke or erratic behavior while driving. Cops do NOT have a right to search your car for just any reason. The best thing to do, IF you actually have something to hide, is to keep said items in a locked part of the car - a locking glovebox or in the locked trunk. Cops cannot search these areas without obtaining a search warrant. All other areas of the car are usually fair game if he's got probable cause to search. Another good tip is, whenever you're stopped and asked for license/registration, only roll the window down to the minimum needed to hand the officer your information. This will cut down on instances of the cop supposedly smelling smoke.

Beyond that, the best thing to do is to simply be courteous and non-combative with cops (but do know your rights and protect them). I've been pulled over several times for moving violations in the last 10 years I've been driving, and only ever got a ticket for one of them (that was eventually expunged because of dummy school). I think it's because I'm always polite and calm with cops.

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