Constructive Possession if car smells??

[MMLoco]

So this dudes car gets pulled over for a busted head light. the car smells like bud. police find a backpack with bud and a scale. I had no idea about the backpack. I was in the front passanger seat, and the guy in the backseat was found with baggies in his pockets and his backpack next to him.

man jus cus the car smelled like bud does it mean i can get charged for Constructive Possession?

MMLoco Reviewed by MMLoco on 01-08-2010. Constructive Possession if car smells?? So this dudes car gets pulled over for a busted head light. the car smells like bud. police find a backpack with bud and a scale. I had no idea about the backpack. I was in the front passanger seat, and the guy in the backseat was found with baggies in his pockets and his backpack next to him. man jus cus the car smelled like bud does it mean i can get charged for Constructive Possession? Rating: 5

[jamessr]

Not if he claims it's his, you should not be charged or even it mentioned to you.. I would be silent and talk to a lawyer about it. The cops generally charge everyone with it if no one says it's theirs.:wtf:

Goodluck

[MMLoco]

man thank you so much for the reply.

It happended two days ago and im about to speak to a loyer

so from what i understand, if this fool dont claim his bag im definetly getting charged? i been telling the cops over and over i had no idea about the bag. but jus today it crossed my mind what if i can get constructive possesion just because it smelled like bud.

[jamessr]

Did you get a citation or go to jail for just being in the car?

[MMLoco]

I was arrested for the first time. Cops kept asking me shit but I sticked to my story. I did not know about the bag. im charged for possesion of a lbs and atempt to sale. 5 degree felony . i also told them i dont smoke and my court date is in a month so i hope that will help me defend myself

[MMLoco]

Last thing; im just really worried that the police can say "becus the car smelled like bud u therefore new there was bud." then ill get locked up and forced out of college and my job just becus of constructive possesion

[jamessr]

A lawyer can get you free if you stick to ur story. Constructive possession ? Sounds more like they are charging you with more than that. Interesting how if you was in the front seat and the bag was in the back seat, they charged you with sales and such. You was just in the wrong place at the wrong time.

A legal out is unwitting possession. It means the state can not convict you. Google unwitting possession. :thumbsup:

[jamessr]

This is a Wa. State case for possession of pounds of cannabis.

WA[9][9] Controlled Substances -- Possession -- Unwitting Possession -- Burden of Proof -- In General Unwitting possession is an affirmative defense to a charge of unlawful possession of a controlled substance under RCW 69.50.401(d). The defendant has the burden of proving the defense. Placing on the defendant the burden of proving unwitting possession does not improperly shift the burden of proof; the burden of proving the elements of the charge remains with the State.


Your state may be different. Also if you live outside the U.S. it will be majorly different. If you give me both I can look and see if any case law is availble.

I just looked up virgina and no cases exist for unwitting possession, this generally means either no one has claimed it or it's a good defense which the state doesn't fight or appeal.

[MMLoco]

unwitting possesion makes me feel more confortable. wow if it wasnt for u guys i would still be freaking out. like all i can think about is what if they find a loop hole that could make me guilty.

no one in va ever tried unwritting possesion? im scared agn lol

now i just have to worry about an employment piss test comming up but thats a different story.(gonna try strip nc. im skeptical about the disolution method)

thank you for the help