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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 116710
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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My son was in a car that was stopped by police who

Customer Question

My son was in a car that was stopped by police who ''could smell marijuana in the car''. They removed everyone, searched each of them and then searched the car. They found a grinder in the car and suggested either someone owns it or the all own it. All were arrested, taken the police station and searched again. Apparently a small amount of cocaine was found in the sock of the car owner. Does my son now suddenly own 1/4 share of this grinder with a drug charge attached to it?
Submitted: 9 years ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 9 years ago.
The police will have to prove he had actual or constructive possession of the illegal substances. As far as the grinder, they will have to prove he had knowledge of it being in the car or that he had some ownership of it. As far as the drugs in the other person's sock, it will be highly unlikely they will prove that charge on your son, since there is no way he could know what someone had in his sock.

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Customer: replied 9 years ago.
Reply to PaulMJD's Post: Thanks, XXXXX XXXXX could smell marijuana but no use charges were made. If it were his grinder or drugs that is one thing but to just be there is another. I must admit, as a first time user, I was somewhat suspicious of your website so hopefully as we go forward that will wear.

Expert:  Law Educator, Esq. replied 9 years ago.
To convict him of anything they need to prove he possessed it beyond a reasonable doubt. If they cannot prove his knowledge of the grinder even being in the car, their chances of proving beyond a reasonable doubt are slim.

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