You can't be arrested for this, correct?

[TrumpCasino]

I'm talking about the person in the passenger seat of the car, not the driver.

I know if you get pulled over and your the driver and your car reeks of weed, there is a chance you can get arrested for DWI if your acting all high and shit.

But, what if your the passenger of that car?

The passenger can't get arrested for being high or smelling like weed, correct?

Because if the passenger doesn't have nothing on him and he wasn't the one driving the car, he couldn't possibly get charged with DWI or anything of the sort.

Am I wrong?

 

[Vigil]

Ive been drunk in a car with the driver drunk. The cops pulled me out asked where we were coming from, told me thank you for not driving and hauled my friend off to jail. Offered me a ride, I walked. Your state medical?

 

[TrumpCasino]

Hell nah, my state ain't medical...I wish !

 

[stink.whistler]

The passenger can't get arrested for being high or smelling like weed, correct?

Public intoxication and/or being under the influence of a controlled substance are crimes for which you can be arrested, yes.

 

[TrumpCasino]

Public intoxication and/or being under the influence of a controlled substance are crimes for which you can be arrested, yes.

How can you be charged with Public Intoxication if your driving in a vehicle.

 

[Vigil]

Then I would say if you guys have something on you your both going in to say hi to the precinct. Maybe you lucky if you just reek like it, they have no use for you, only him.

 

[nnep]

It all depends on how the cop wants to handle it, and how nice you are about it.

If you get out of the car wavin your arms "WHAT THE FUK U WANT PIG?!" then you'll probably go to jail for possession by consumption.

If you're nice, calm and collect, then you can just simply say, no officer, i have not been smoking tonight. You're free to go pretty much.

 

[stink.whistler]

Did you read my question?

Yes

I was talking about the passenger, not the driver.

Me too.

How can you be charged with Public Intoxication if your driving in a vehicle.

Unless your vehicle is parked in your garage, you are in public.

 

[Vigil]

Public intoxication and/or being under the influence of a controlled substance are crimes for which you can be arrested, yes.

They can OP. If they really want to take you in for be high off a joint. My state will fine you then let you go.

 

[Pythagllio]

Well you might get beaten to death.

http://blog.mpp.org/prohibition/beaten-to-death-by-cops-over-a-marijuana-cigarette/02012010/

 

[cannabis59]

I'm so careful about getting into other peoples cars. I was arrested twice, as a passenger, when I had NOTHING/ZERO/NADA on me. All it takes is an asshole cop to ruin your whole day.

My brother borrowed my truck one day and left me his car to use. I went to get in his car and there were pills laying on the floor (his wife likes vicodin/valium/xanax and more. I said fuck it and didn't use the car.

My luck, I would get pulled over and a cop would find pills in the car and then testify that he found them in my pocket.

I am careful to the point of borderline paranoia when it comes to putting my life in a cops hand.

 

[chuckyoufarley]

in new jersey its considered internal possesion .i think thats what a friend got back in the mid 90's

 

[Blckbrd]

The passenger can't get arrested for being high or smelling like weed, correct?
Am I wrong?

For those facts alone in a vaacum, no ... UNLESS that passenger happens to be on probation and the arresting authorities know it AND simple possession is a crime (vs. a non-criminal offense) in that jurisdiciton. In that case, a zealous LEO could trigger a VOP.

In your scenario, if the passenger has absolutely nothing on him/her or near him/her (i.e. under seat, arm-rest, glove box, door compartments), AND, if the detaining officer(s) don't claim to have recovered contraband they saw fly out of the passenger window, then there is not the "prima facie" case / facts to support an arrest for possession.

HOWEVER, if something is found in/near the car (MJ or paraphernelia) and no-one incriminates themselves by confessing to the exclusion of others, then it is not uncommon that ALL passengers get arrested on at least possession (the standard for arrest is only probable cause) and the police figure it will get sorted out in court.

 

[Lazyman]

Wow CUF, that is messed up!

Hey quick threadjack for a friend, is having your name on a search warrant, the same thing as an arrest warrant? The cops want to talk to a guy but he was out of town during the house raid.

 

[Blckbrd]

Cars are not public ... although you have next to no expectation of privacy for the interior of your vehicle from law enforcement, it is not open to the public and is still considered your private property. Being wasted in your car is a very bad idea; but it is not public intoxication unless you get out or are not separated from the public by a physical barrier defining your personal private vehicle space / interior (ie pickup truck bed, topless jeep, convertible - tougher arguments to make). If the public is not allowed in there, then it is not a public place.

 

[Blckbrd]

Wow CUF, that is messed up!

Hey quick threadjack for a friend, is having your name on a search warrant, the same thing as an arrest warrant? The cops want to talk to a guy but he was out of town during the house raid.

No, it is not an arrest warrant, but it is the next best thing to LEO. Assuming that it is a warrant to search the person and premises/property belonging to your friend, it authorizes LEO to stop your friend wherever they find him to search his person and any other places specifically defined on the warrant.

LEO usually uses this type of warrant to let them search & grab a target at a time and place of their choosing as opposed to being just limited to a building. Most often, they use it when they want to search the vehicle being driven by a person ... they thereby get the right to stop the vehicle, to search the person and to to a "protective sweep" (wink wink) of wherever they happen to find him (usually carefully orchestrated)

For your friend, if the warrant was already executed and he was fortunate enough not to be there, the warrant has been used & does not remain "servable" indefinitely. They searched using it, he wasn't there, it's done. (assuming the warrant to search his person was the same warrant that authorized a search of the area) They'll need to get another one if they want to search again.

Anything he says will only be used against him. So - he probably should say nothing & not meet with anyone but a lawyer.

 

[Lazyman]

Thanks BLckbrd, the house they raided is completely empty now, everyone has moved out so they won't find anyone there again. Info is much appreciated! A lawyer advised him not to even call the cops, just avoid the town until the thing goes to court and his partner (medical) is acquitted. Nothing to gain by talking to them right? Do you think he could be arrested or something if he gets a speeding ticket next month? I can't find out if he has a warrant for his arrest without calling the courthouse right? Thx again man, and my apologies to all for the threadjack!

 

[Blckbrd]

The courthouse won't know if there's a warrant until it has been served (friend arrested) and LEO returns the served arrest warrant and papers to the court.

Two (maybe three) ways to find out in advance:
1) if a bondsman smells the potential for business, they might call for him to get the scoop;
2) somewhat simiarl to 1), the attorney could call and if he has any "pull" or contacts within the investigating department, could find out;
3) your friend could just go to the HQ of the investigating department and ask in person. They won't tell him over the phone. He should have the number of a bondsman with him & a friend on notice to handle finances just in case because if there is a warrant, they'll serve it on the spot.

A FOURTH way would be to inquire thru the guy that got arrested ... have his attorney find out. More likely than not, the warrant & supporting/supplemental police reports that form the basis of the other guy's arrest and prosecution will indicate whether another arrest is expected or whether your friend is named as a "conspirator" or target.