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As a legal law legal professional in Fort Lauderdale, I’ve many mates who ask me, “Can the police arrest me if I’m using in a automobile that accommodates marijuana?” Though it’s best to by no means journey in a automobile that accommodates marijuana, you may cut back your probabilities of being arrested by understanding the importance of the authorized idea “constructive possession.” The Fourth D.C.A. of Florida just lately wrote a wonderful evaluation on constructive possession in Brinkley v. State, 12 So.3d 311 (Fla. 4th D.C.A., 2009).
To be convicted underneath Florida Statute 893.13 (Possession of a Managed Substance), the State should show past an inexpensive doubt that you simply possessed and had information of the marijuana. To own means to have private cost of or train the precise of possession, administration, or management over the factor possessed. Possession could also be precise or constructive. Precise possession is a straightforward idea – in your hand, in a container in your hand, in your individual, or inside prepared attain and in your management. If an individual has unique possession of a managed substance, information is inferred. Problems with constructive possession are extra difficult, nonetheless.
To ascertain constructive possession of marijuana, the State should show that you simply had (1) dominion and management over the marijuana, (2) information that the marijuana was inside your presence, and (3) information of the illicit nature of the marijuana. The most typical challenge in rivalry is whether or not you had dominion and management over the marijuana. If the automobile during which the marijuana is discovered is in joint (no pun meant), fairly than your unique possession (i.e. you are the passenger in a automobile), information of the presence of the managed substance within the automobile and your potential to keep up management over the managed substance is not going to be inferred.
In laymen’s phrases, should you had been silly sufficient to be caught using in a automobile the place a bag of marijuana was positioned in plain view within the middle console, the State would nonetheless should show that you simply had “management” over the marijuana, and never merely “information” of the marijuana. Though not particularly outlined, management is the power to take, use, personal, (or smoke) the marijuana with out receiving permission from another person. Mere proximity to the marijuana isn’t sufficient to ascertain management when the marijuana isn’t in your unique management. Possession could also be joint (two or extra folks could train management of the hashish) however provided that each people have management over the marijuana.
To show dominion and management, the police must observe you possessing, concealing, or inhaling the marijuana or should you make any incriminating statements admitting possession of the marijuana. However the aforementioned causes, the police can’t impute the possession of the marijuana to you merely since you are in a automobile that accommodates marijuana. Due to this fact, by no means make any incriminating statements to the police as regards to possession of the marijuana. It doesn’t matter what the police promise you (i.e. we cannot arrest you should you admit possession), don’t admit possession of the marijuana. Additionally, attempt to stay calm – don’t make any furtive or fast actions that may lead the police that you’re nervous or making an attempt to hide the marijuana. Additionally, don’t smoke the marijuana within the automobile. It’s oftentimes tough to disclaim possession if you and the automobile reek of marijuana.
On an apart, within the occasion you continue to select to journey in a automobile which accommodates marijuana, be sure that the marijuana is hidden (outdoors of plain view), ideally within the trunk or locked compartment. At a minimal, don’t go away the marijuana in plain view within the middle console or ashtray. Moreover, don’t preserve any paraphernalia (pipe, rolling papers, and so on.) in your individual.
Lastly, though the police should not arrest you for possession of a managed substance if they can not present precise or constructive possession, it doesn’t suggest that the police will not arrest you anyhow. The police routinely arrest automotive a great deal of school college students the place marijuana is situated inside a automobile, even once they can’t pinpoint who exhibited dominion and management. At that time, it’s essential to contact an expertise legal protection legal professional to research the particular details of your case and file the suitable Motions. Possession of even 1 gram of marijuana is punishable by as much as one yr in jail and/or 12 months probation and a attainable two yr driver’s license suspension. Don’t plea out your case with out talking to an skilled legal protection legal professional.
The knowledge on this article website was developed by Lyons, Snyder & Collin, P.A. for informational functions solely and shouldn’t be thought of authorized recommendation. The transmission and receipt of knowledge from this text doesn’t type or represent an attorney-client relationship with Lyons, Snyder & Collin. Individuals receiving the data from this text shouldn’t act upon the data offered with out searching for occupation authorized counsel.
