Can the Police Arrest Me If I'm Riding in a car That Contains Marijuana?

As a criminal law attorney in Fort Lauderdale, I've many friends which ask me, "Can the police arrest me if I am riding in a vehicle which consists of marijuana?" Although you should never ride in a vehicle that has marijuana, you can lower the chances of yours of being arrested by grasping the significance of the legitimate idea "constructive possession." The fourth D.C.A. of Florida recently published an outstanding analysis on constructive possession in Brinkley v. State, 12 So.3d 311 (Fla. 4th D.C.A., 2009).

To be convicted under Florida Statute 893.13 (Possession of a Controlled Substance), the State ought to prove beyond a sensible doubt that you possessed and had knowledge of the marijuana. In order to possess means to obtain private cost of or maybe exercising the proper of ownership, management, or control over the thing possessed. Possession might be constructive or actual. Actual possession is a simple concept - in your hand, in a planting container in your hand, on your individual, or within prepared reach and in the power of yours. If a person has exclusive possession of a controlled substance, knowledge is inferred. Problems of constructive possession are usually more complicated, however.

In order to establish constructive possession of marijuana, the State should prove that you'd (1) dominion and control with the marijuana, (2) knowledge that the marijuana was inside your presence, in addition to (three) understanding of the illicit nature of the marijuana. The most popular issue in contention is whether you had dominion as well as control with the marijuana. Whenever the automobile whereby the marijuana is found is in joint (no pun intended), rather than your exclusive possession (i.e. you're the passenger in a car), awareness of the existence of the controlled substance in the vehicle and your ability to maintain control with the controlled substance won't be inferred.

In laymen's terms, in case you are foolish adequate to be seen riding in an automobile when a bag of marijuana was put into plain view in the core console, the State would still need to confirm you'd "control" with the marijuana, moreover not merely "knowledge" of the marijuana. Though not specifically defined, management stands out as the ability to shoot, own, use, (or maybe smoke) the marijuana without getting authorization from somebody else. Mere proximity to the marijuana is not enough to establish control when the marijuana isn't in the exclusive control of yours. Possession could be joint (two or maybe more people might exercise command of the cannabis) but just if both individuals have command over the marijuana.

To prove control and dominion, the authorities are going to have to observe you possessing, concealing, or inhaling the marijuana or in case you're making any incriminating statements admitting ownership of the marijuana. Notwithstanding the above mentioned reasons, the authorities can't impute the ownership of the marijuana to you simply as you are in a car which has marijuana. Therefore, do not make any incriminating statements to the police with respect to ownership of the marijuana. Regardless of what the authorities guarantee you (i.e. we will not arrest you if you admit ownership), don't admit ownership of the marijuana. Additionally, try to remain peaceful - do not make some quick or cbd gummies side effects ( hop over to here - https://www.bellevuereporter.com/national-marketplace/condor-cbd-gummies... ) furtive movements that would lead the police that you are stressed or perhaps trying to conceal the marijuana. Also, don't smoke the marijuana in the car. It is oftentimes challenging to deny ownership if you and the car reek of marijuana.

On an aside, in the event you still decide to ride in a vehicle which contains marijuana, see to it that the marijuana is hidden (outside of basic view), preferably in the trunk or even locked compartment. At a minimum, don't depart the marijuana in plain view of the core console or perhaps ashtray. Additionally, do not continue any paraphernalia (pipe, rolling papers, etc.) on the individual of yours.

Last but not least, though the authorities - http://www.accountingweb.co.uk/search/site/authorities shouldn't arrest you for possession of a controlled substance if they cannot show constructive or actual possession, it does not mean the police won't arrest you anyways. The police routinely arrest vehicle loads of college pupils where marijuana can be found within a car, no matter if they can't pinpoint who exhibited control and dominion. At that time, it's important to contact an experience criminal defense attorney to analyze the specific facts of the case of yours and file the correct Motions. Possession of even 1 gram of marijuana is punishable by up to one year in jail and also twelve months probation along with a possible two season driver's license suspension. Do not plea out your case without speaking to a seasoned criminal defense attorney.

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