The Court of Appeals held that there was "insufficient evidence to prove that Tate had intentionally and knowingly possessed methamphetamine. " These searches are sometimes justified and sometimes not. Know that if drugs are found in your car, you will be the one getting arrested for drug possession. If drugs are found in your car who is responsible to be. This is because they have control over the car and thus, constructive possession of the illegal drugs.
Sometimes, the Indianapolis police suspect that you are going to sell, distribute, or otherwise deliver a controlled substance but have no overt evidence of a delivery. Contact an Athens Drug Crimes Attorney. Your freedom could be at stake. Statements made by others in the vehicle. Any of the occupants could have placed the drugs under the seat where the front passenger could not have seen them or known they were there. This is called a search incident to arrest or an inventory search, depending on the circumstances. The Ohio State Highway Patrol has had a great deal of success using police dogs to detect drugs during routine traffic stops of tractor-trailers and passenger vehicles. If drugs are found in your car who is responsible for passing. There are constitutional restrictions that prevent the illegitimate search of any vehicle unless it can be justified. In 2003, the Supreme Court case, Maryland v. Pringle, ruled that officers can rightfully arrest every person in a car where drugs are found and if probable cause exists. In some cases, both the driver and a passenger may face drug possession.
It is important that you contact an experienced criminal defense lawyer who has experience in dealing with drug charges if you have a situation like the ones mentioned here. To start, your defense lawyer can work to establish that you weren't the only person with access to the home, vehicle or other place where illicit drugs were found. Missouri law says that a person has "actual possession" if they have a substance on their person or within easy reach and convenient control. Drugs Found in Car: Can I Get Charged in SC. It is often said that the first three rules of real estate are "location, location, location. " Possession of a controlled substance is akin to PWID. How to Protect Your Rights.
Once you've hired an experienced drug crime lawyer, he or she will be looking for various ways to defend and win your case. The registered owner of a vehicle has a reasonable expectation of privacy therein. If drugs are found in your car who is responsible medicine. Do what is best for you. If the standard operating procedures are not followed or the towing of the vehicle was not necessary, the search, and evidence found as a result of the search, may be suppressed.
An arrest is not a conviction, but you should take any drug charges seriously. Under state law, New Jersey recognizes two forms of possession – actual and constructive. Of a controlled substance, an experienced Utah. The stakes are high in drug smuggling cases involving automobiles. Call the team at Erika Valcarcel, Criminal Defense Lawyer, P. A. at (941) 363-7900 to set up a consultation. In other words, you must know the drugs are there, and in some cases, know they are drugs. If a vehicle search results in the discovery of illegal drugs, it can result in significant legal consequences. What happens to the passenger if drugs are found in a vehicle. Do not let yourself take the blame for drugs that were not yours. At most, provide the police officers with your name and basic personal information that you are legally obliged to, that's it. Remember that Police are NOT Your Friends.
Perhaps the initial traffic stop or search was not lawful. Penalties range from driver's license suspensions to long-term jail time. We serve the Greater Cincinnati area from our Cincinnati, Lebanon and Oxford offices, including Warren, Hamilton and Butler counties. What Happens If My Friends Bring Drugs Into My Car? | Ryan J. Swingle. Indeed, it's best not to answer any police questions until you get an attorney to represent you. Changing the facts a little bit, assume the police come to your apartment for a noise complaint from your upstairs neighbor. Otherwise, you may say things which could be used against you at a later time during your defense.
I'd recommend you retain a lawyer to help you with this matter. Definition of "possession" under Utah Code 58-37-2 explicitly includes. If you are facing criminal charges, you need to speak with an experienced criminal defense attorney as soon as possible. Drug Possession Charges: Three Mistakes You Must Avoid. In that case, he or she can file a motion in court demanding that all resulting evidence from the illegal search be deemed ineligible and suppressed from the court. If proven with credible facts, the accused can have an affirmative defense. Generally, law enforcement officers in New Jersey must obtain a search warrant or have probable cause before searching an individual's property, but there is an exception noted under state law for motor vehicles. If you have questions about a criminal charge in Indiana or a vehicle search, contact Chambers Law Office today at 317-450-2971. A few are: - If there are large quantities of drugs in the vehicle. This type of possession occurs when drugs are discovered, but they are not actually on a person. If there are multiple weapons and significant amounts of drugs in the vehicle.
If consent is voluntarily given to search the vehicle, the officer may search. There is no evidence that the defendant ever touched the drugs.