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My buddy gave me a ride and the cops pulled him over. They found a balloon of heroin in the open ashtray and they charged both of us. Those were not my drugs. How can they do that?
This is a common misconception: that ownership of the drugs controls. It’s the POSSESSION that is illegal, and you do not have to have something in your hand or pocket to "possess" it. The police don’t know that it was the driver who put the heroin in the ash tray (which sits right between the two of you). Unless your buddy talks and claims it, he’s leaving the possibility open that he was innocent and they were yours. As a result the police will arrest everyone who was within arm’s reach of it.
Then again, the prosecutor may think he can make a case of “joint possession”. (No, not possession of a “joint,” but that both of you possessed the drugs.) This happens all the time. Suppose both you and Reno had fresh needle marks on your arms and the paraphernalia were handy in the ashtray too, with fresh residue. Joint possession can also be proved with statements, like cross accusations by the two suspects, maybe?
Your initial reaction that you should not be convicted of possession of the drugs unless you own them is the exact opposite of what the law is. It is actually much harder to convict the “owner” of drugs in someone else’s possession. This is because of the sloppy record keeping of drug wholesalers. They never seem to give a written drug consignment sale agreement to their dealers.
This is a case you will certainly want to fight aggressively, but also be aware in the future that whom you hang out with can have serious consequences. Just being near illegal drugs is dangerous, even if you are not into drugs. Of course, getting arrested is not the only danger. Rival dealers or drug thieves just might take more than your freedom if you are hanging out with a dealer, but that’s another story.
(Updated August 30, 2007) |
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