Another police/justice system question

[littletommy]

I've watched cops on tv for years, and I've noticed numerous occasions where they stop a vehicle, wind up finding dope, and then charge everybody in the vehicle with possession. I'm sure there are laws at the state level in some locations making this the standard procedure, but my question is, how can more than one person be charged with possessing one item? Is this usually sorted out in front of a judge and pinned on one person? I'm kinda perplexed on this one.

 

[Ashkelon]

It is called constructive possession. Often the "strong pungent smell of marijuana" coming from the behicle results in passengers charged with visiting a common nuisance. All depends on whether people could have exercised "control" over the pot.

 

[stephen87]

As far as I understand it, if no one admits to the possession then everyone is charged and the courts sort it out.

 

[Manan]

Common practice when everyone lies. Arrest them all and let prosecutor / court sort it out.

 

[88GT]

So in short, what you're saying is that one bad apple makes the whole group rotten as well?

 

[IncendiaryGunner]

There are no consequences for making an arrest that does not stick.

When nobody admits to the crime, everyone is "punished".

 

[edporch]

Though I'm not a lawyer, some years back it used to be that if for example drugs was in an individual's pocket, that individual would be charged.

If those same drugs was in a common area, everybody would be charged.
I don't know what would happen if an individual declared it to be theirs whether this would change?

 

[IncendiaryGunner]

It isn't just in many instances...

But what would the alternative be? Choosing one person and arresting them?

 

[littletommy]

I could see charging the driver/owner of the vehicle if it cannot be determined whose dope it is, but charging everyone in the car? This is what got me to thinking about it. How can more than one person possess a single item?

 

[DRob]

Good grief!

It's TV! Never confuse anything you see on TV with real life.

 

[IncendiaryGunner]

This happens commonly in real life... so it is not exactly a "that only happens on CSI" type thing...

I do not see how the owner or operator of the car is any more likely to be the person who had the drugs... It is the police officers way of saying "fess up to the crime, or we punish you all"... Sometimes spiteful, sometimes they just wanna make sure they get their criminal.

I really do not see any way to easily determine on scene who it belongs to, and cannot think of a way to pin it on one guy without still being unfair.

That would just give passengers the incentive to drop their drugs on purpose and say nothing, so that the operator or owner is blamed.

 

[Instant=.40cal=Karma]

This happens commonly in real life... so it is not exactly a "that only happens on CSI" type thing...

I think it's used frequently to either see if someone will step up and take the charge for it or to coerce others to roll over on the actual "owner" of said substance... I'm sure the next line of questioning is, "where did you get it from?"

 

[Benny]

So in short, what you're saying is that one bad apple makes the whole group rotten as well?

Guilty by association.

If they didn't charge everyone, then you could roll around with whatever illegal contraband you want with no consequences as long as there are multiple people in the car.

"Ain't mine, ain't mine, ain't mine."

"OK gentlemen, I guess you can be on your way now."

 

[HighStrung]

Not that it's correct by any means, but I could see how they would attempt to pin it on the driver if no one else fessed up to owning it. I could see something in the form of "as the operator of this vehicle, you are also responsible for everyone/everything in it". I'm not saying I've had this happen, or ever heard of it happening, just saying I could see it happening. So what happens if you borrow a buddies car, get pulled over and your buddy was nice enough to leave a baggie of pot in the console. You didn't know anything about it, are you now charged with possession if officer finds it? (I don't need the whole, "don't let them search the car" explanations), just wondering what would happen?

 

[bassplayrguy]

There are no consequences for making an arrest that does not stick.

When nobody admits to the crime, everyone is "punished".

This is the biggest problem with law enforcement today.

 

[Denny347]

There are no consequences for making an arrest that does not stick.

When nobody admits to the crime, everyone is "punished".

"Does not stick", do you mean an arrest without probable cause? An arrest w/o PC is an easy Federal Civil Rights case...plenty of punishment for that. Or do you mean that the prosecutor does not file, even with PC. THAT happens all the time here in Indy. Good PC for arrest but the prosecutor at screening does not want to bother with it and dismisses the charges. This leaves the officer's rear swinging in the wind even though they did nothing wrong. We cannot control what charges make it past screening. We can only base our arrests on PC and case law.

 

[JSeroka]

When it comes down to a vehicle, then everyone has the ability to be charged. Once it goes before a Judge only a Single person can be changed for a single item as the blame can be pointed around and there would be reasonable doubt for all involved. The person that was driving/owns the vehicle is 99% of the time the one charged with it, though not necessarily with possession but with transporting if possession can not be clearly assigned. Now each state is different as this would all be a Misdemeanor Offense and different state classify them between M1-M5.

 

[rambone]

Arrest everyone... for having plants.

Liberty and justice for all.

 

[boosteds13cc]

i think if theres a group of kids in the car, u smell pot, find who has it on them, charge everyone unless they can pass a **** test. just my .02, i use to hang out with pot heads just to drive around (like on the movie dazed and confused) and i wouldent smoke with them. guess it depends on the entire situation

 

[jsharmon7]

Arrest everyone... for having plants.

Liberty and justice for all.

Don't you just hate it when people are arrested for driving around after drinking a bunch of fermented vegetable liquid? Or those people who get arrested for transporting the by-products of poppy plants or coca plants into the country? They're just plant products! Man that really grinds my gears.