Could the Police Arrest Me If I'm Traveling in a car Which Contains Marijuana?

As a criminal law attorney in Fort Lauderdale, I've lots of friends who ask me, "Can the police arrest me if I'm traveling in a vehicle which consists of marijuana?" Although you should not drive in a car or truck that contains marijuana, you can lower your chances to be arrested by comprehending the significance of the legal notion "constructive possession." The fourth D.C.A. of Florida recently wrote an outstanding analysis on constructive possession of 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 must demonstrate beyond a sensible question that you possessed and also had knowledge of the marijuana. In order to possess means to obtain personal charge of or maybe exercising the proper of ownership, management, and control with the point possessed. Possession might be constructive or actual. Actual possession is a simple concept - in your hand, in a pot in your hand, on your individual, or inside ready reach and in the control of yours. If a person has exclusive possession of a controlled substance, knowledge is inferred. Problems of constructive possession tend to be more complicated, however.
To establish constructive possession of marijuana, the State must demonstrate you'd (1) dominion and command over the marijuana, (2) knowledge that the marijuana was within the existence of yours, together with (three) understanding of the illicit nature of the marijuana. A typical issue of contention is whether you had control as well as dominion with the marijuana. If the automobile where the marijuana is identified is in joint (no pun intended), rather than your extraordinary possession (i.e. you are the passenger in a car), awareness of the existence of the controlled substance in the vehicle and your ability to keep control over the controlled substance won't be inferred.
In laymen's terms, if you had been foolish adequate being caught riding in an automobile when a bag of marijuana was put into plain view in the center console, the State would still have to prove that you had "control" over the marijuana, moreover not merely "knowledge" of the marijuana. Although not particularly defined, control is the capacity to take, use, own, (or perhaps smoke) the marijuana without getting authorization from someone different. Mere proximity to the marijuana isn't enough to establish control whenever the marijuana isn't in your extraordinary control. Possession might be joint (two or maybe more people could exercise control of the cannabis) but just when both individuals have command with the marijuana.
In order to prove control and dominion, the authorities are going to have to observe you possessing, concealing, or inhaling the marijuana and if you make any incriminating statements admitting ownership of the marijuana. Notwithstanding the aforementioned factors, the authorities can't impute the ownership of the marijuana for you simply because you are in a car that has marijuana. Therefore, eagle hemp cbd gummies shark tank episode ( Suggested Reading - https://www.heraldnet.com/national-marketplace/eagle-hemp-cbd-gummies-re... ) never make any incriminating statements to the authorities with respect to ownership of the marijuana. No matter what the police guarantee you (i.e. we will not arrest you if you admit ownership), do not admit ownership of the marijuana - http://photo.net/gallery/tag-search/search?query_string=marijuana . Furthermore, try to remain calm - don't make some quick or furtive movements that could lead the police that you're stressed or maybe attempting to conceal the marijuana. Also, do not smoke the marijuana in the vehicle. It's frequently challenging to deny ownership when you and the automobile reek of marijuana.
On an aside, in the event you still choose to drive in a vehicle that contains marijuana, make sure the marijuana is hidden (outside of plain view), ideally in the trunk or locked compartment. At a minimum, don't leave the marijuana in plain view of the core console or ashtray. Furthermore, don't maintain any paraphernalia (pipe, rolling papers, etc.) on your person.
Lastly, although the authorities should not arrest you for possession of a controlled substance if they cannot show constructive or actual possession, it does not imply the police won't arrest you anyways. The police routinely arrest automobile loads of college students where marijuana can be found within a vehicle, regardless if they can't pinpoint who exhibited dominion and control. At that point, it's crucial to contact an experience criminal defense attorney to examine the particular facts of the case of yours and file the correct Motions. Possession of actually one g of marijuana is punishable by up to one year in jail and/or twelve months probation and a possible 2 season driver's license suspension - http://www.medcheck-up.com/?s=suspension . Don't plea out your case without speaking to an experienced criminal defense attorney.
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