USA - Can the passenger be charged for possession?

[OpenYourMind]

SWIM rides with someone who is drinking, and possessing/smoking marijuana while driving everyday. SWIM is the passenger and does not smoke the marijuana or drink in the vehicle. Can SWIM be charged for anything?

[Spucky]

Dont know the Situation in the US.
but in EU. you can be penalized if you know that!
When swiny have a driving-license he will lose her!

(It is a matter of responsibility, notably if swiny have a Front-Seat)

[OpenYourMind]

Luckily SWIM doesn't know about it. Also, good thing SWIM sits in the back seat. Thank you for your help, hopefully it never comes to that considering SWIM disapproves of drinking and driving and smoking while driving but says nothing because he doesn't want to get laid off.

[Stimulants]

As far as the U.S.

When a vehicle is pulled over and controlled substances are found, especially in the vehicle or in a storage bag not attached to a person and the occupants tell different stories, it could get very complicated. (from SWIMs observation of the show COPS)

If there's a backpack in the vehicle that driver or other passengers don't immediately identify it as being theirs, all occupants are probably suspect in SWIMs opinion.

If the substances are in driver's pocket, SWIM thinks it's a little less complicated, although if SWIY knew the driver is in possession and driving under the influence, technically SWIY violated his civil duty by knowingly looked the other way and LEOs may use this against SWIY for "not reporting the driver who is obviously intoxicated and allowing him to drive in this state"

Reputation Comments on this post:

Good point about what LEOs can use against SWIM.

[OpenYourMind]

Originally Posted by Stimulants

As far as the U.S.

When a vehicle is pulled over and controlled substances are found, especially in the vehicle or in a storage bag not attached to a person and the occupants tell different stories, it could get very complicated. (from SWIMs observation of the show COPS)

If there's a backpack in the vehicle that driver or other passengers don't immediately identify it as being theirs, all occupants are probably suspect in SWIMs opinion.

If the substances are in driver's pocket, SWIM thinks it's a little less complicated, although if SWIY knew the driver is in possession and driving under the influence, technically SWIY violated his civil duty by knowingly looked the other way and LEOs may use this against SWIY for "not reporting the driver who is obviously intoxicated and allowing him to drive in this state"

SWIM notices no difference in his driving ability from any of this though. Also, the guy is in a position of power and thus SWIM can't afford to say anything and even if he could SWIM doesn't have a phone. Either way, SWIM will fix his car to avoid problems and SWIM will drive himself to and from work, which SWIM believes would be the best method to avoid possible problems.

[Valseedian]

in the USA, the passenger has an extended expectation of privacy. this is true untill 1 of a few things happens:

the driver is arrested
the passenger is found to be in violation of ANY laws including seatbelt laws
( which btw includes conspiracy, intent to distribute, and 'suspect behavior' )
or whenever there is reasonable belief that the passenger is armed or dangerous.

if there are open bottles in the car, you WILL be ID'd atleast, and tho you can choose to blow a breathalyzer , if the owner of the car is in possession you are guilty by association and can be arrested... it won't stand up in court, but they have every right to take you into custody....

if the cops are hell bent on getting you for atleast 24 hours, they'll find a damn good reason. the best adivce I have is don't drive like a moron.. don't break any OTHER rules and you shouldn't have much problem

swim has driven with a pipe in his hand for almost 3 years straight and is never not holding... never had any real issues.

Reputation Comments on this post:

Provides good information on what a likely outcome would be.

[OpenYourMind]

Originally Posted by Valseedian

in the USA, the passenger has an extended expectation of privacy. this is true untill 1 of a few things happens:

the driver is arrested
the passenger is found to be in violation of ANY laws including seatbelt laws
( which btw includes conspiracy, intent to distribute, and 'suspect behavior' )
or whenever there is reasonable belief that the passenger is armed or dangerous.

if there are open bottles in the car, you WILL be ID'd atleast, and tho you can choose to blow a breathalyzer , if the owner of the car is in possession you are guilty by association and can be arrested... it won't stand up in court, but they have every right to take you into custody....

if the cops are hell bent on getting you for atleast 24 hours, they'll find a damn good reason. the best adivce I have is don't drive like a moron.. don't break any OTHER rules and you shouldn't have much problem

swim has driven with a pipe in his hand for almost 3 years straight and is never not holding... never had any real issues.

Thank you very much, SWIM is relieved. SWIM has no criminal record, not even so much as a ticket, and would prefer to keep it that way.

[Sky Walker]

If the drugs/paraphernalia are not in the drivers pocket and are anywhere else in the car but directly on the drivers body swim can and probably will be charged with 'Constructive Possession' or 'dominion and control' over the drugs if they were in a place where swim could have hypothetically had some if he so wished. If the car obviously smells of Cannabis all parties can be searched and arrested, the DA will then be entrusted to sort it out.

Two excerpts from the book, 'BUSTED Drug War Survival Skills'. That may be useful:

Originally Posted by 'BUSTED Drug War Survival Skills' M.Chris Fabricant Defense Attorney

"Once you've been pulled over, it is imperative that you tell no lies and that everyone on board agrees as to where the hell they were, what the hell they were doing there, and where the hell they were going. These are easy questions to answer unless you're transporting drugs from point A to point B or you're already really wasted. Lies and bizarre confusion about basic road trip agenda will be evidence that you had something to hide and therefore must have known about the drugs."


"The passengers will also be blamed for the drugs, particularly if the car smells like pot or there's any paraphernalia about. The more the dope and paraphernalia are spread around the car, between the cushions, in the glove compartment, etc., the more likely it is that there'll be plenty of possession charges for everyone."

It will however be the driver who has the most explaining to do. Don't travel with drug users you don't completely trust because if such a bust were to go down they could really try fuck you over and claim it was all swims drugs. Also you never know what some people might be carrying. Be safe, be paranoid as fuck but breath deep





p.s. Moderators: if the excerpts I typed from that book might violate copyright laws or get us in trouble, please let me know and I will hastily remove. Good book, would recommend to all drug users.

[pinksox]

SWIY should make sure there's nothing within his immediate arm-reach or under his seat. An old, open bottle under the passenger seat would be enough for them to pop SWIY for open-container and, if he's under 21, possession--if the driver doesn't cop to its being theirs. Ditto for other substances. Always check under the seat, crack in the seat, in the passenger side door, etc.

[Stimulants]

If SWIY's friend has a long rap sheet, there's a tendency to attract LEOs as well. So, if the registration shows he's got a bunch of prior narcotics arrest, then it's much more tempting for the LEOs to want to find a reason to stop and search (expired tag, prior history of being stopped w/ an out of state plate and not getting an in-state plate, 29 in 25, rollig stop and among other things)

Then obviously, there'd be the obligatory license, registration and (depending on state) proof of insurance? and if he's stupid enough to have something in plain view(weapons, drugs, etc) while reaching for these documents.

So SWIY's making himself an attractive target.

[Bojangles]

SWIM was driving the car with a passenger when they stopped a bought 2 dimes off an undercover on the side of a well known drug street. Passenger took the blame and swim lucked out with an unlawful activity fine while the passenger got in trouble for buying the drug. Since swim was in the car and knew what was happening she got the unlawful activity

[Valseedian]

if you aren't smart enough to find a 'trap' (door) in your car, or keep everything in the trunk/glove box/locked safe... you deserve whatever the cops can bring upon you....

they've created laws to help us get by... keep your shit locked. always have a pad-lock on you backpack...

seriously, you can get 5 minilocks at any luggage store for less than $10 and they require a search warrant to open it.

same goes with trunks.


seriously: know your rights
flexyourrights . org

don't ever submit to a search, never admit to anything. it's their job to find out what you were doing wrong, to KNOW why they pulled you over.

again, never waive your constitutional rights. ever.
never be balidgerant, your best bet is always to get things thrown out in court.

[Chipp]

Getting charged is one issue--if the weed is discovered to be the driver's, then the driver will be charged. The passenger can be ID'ed, because anyone in the car is legally detained.

However, if the cop smells the weed, he/she has probable cause for a search of the vehicle (anywhere said weed may be found) AND the people in the vehicle.

Better hope your buddy doesn't flip it under his seat on a stop and claim it was yours!

[dadrone]

In some states in the US, it is illegal to ride with a driver if SWIY knows the driver is under the influence of drugs or alcohol.