Thank you for your response and additional information.
If the pipe was not found on your person or in your vehicle, I see no reason why he has tried to charge you on the constructive possession. He has no probable cause to tie you to the pipe.
He may have had reasonable suspicion to stop you if he did have a report of a theft
and you fit the description. As far as searching if he testifies that he smelled marijuana it is his story against your story, but again he did not find anything on your person or in your vehicle, but on your friend's person.
If the officer printed you a citation without your name on it, you need to show up and move for a dismissal. This type of negligence is inexcusable, but if you do not show up it can lead to them trying to put a warrant out for you because they have your registration information on your vehicle.
On top of the improper citation, there is absolutely no probable cause against you for this charge and as such the DA will have to dismiss if you maintain a not guilty plea as he cannot prove beyond a reasonable doubt you actually possessed the pipe, which he must prove to get a conviction.
Unfortunately, your friend has committed a probation violation and typically, if this is her first violation she can face a fine, 30-60 days in jail, extension of probation or loss of any sentencing deals she may have had (such as deferred sentence
). I am afraid that also the charge is going to stay on her record this time unless she is able to get a deferred sentence which is where they make her do probation and upon successful completion they will dismiss the charges.
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