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Question about "possession"

Discussion in 'Seasoned Marijuana Users' started by Inst!nct, May 16, 2010.

  1. #1 Inst!nct, May 16, 2010
    Last edited by a moderator: May 16, 2010
    So about a month ago i was caught with possession, situation in brief

    at private property owned by the state
    saw cops coming
    hid my shit in my backpack
    then went back to cars
    they searched us, interogation..
    eventually found it, and charged me with possession

    MY QUESTION: How is it possession if it wasnt on my person, or in a place owned by me?

    Hypothetically: You drop a g on the ground, cop finds it a week later and charges you with possesssion, is that right?
  2. if its your back pack its in your possession.
    did you claim that it was your backpack? were you holding it? were you the one that said yes you can search it? did they even ask if they could search it?

    laws might differ state to state. i know in south dakota, while i was in jail for possession of marijuana and a controlled substance my public defender made a big deal about illegal searches. when they went into the house they unzipped my back pack and found my contraband. they didnt ask me first, they just did it and when they came out i claimed my pack but they already searched it and i was in cuffs.

    come to the end of my stay there they dropped my felony cases but charged me with the marijuana and various others. i just plead guilty so i could get out of jail and get out of the state.
  3. #3 Inst!nct, May 16, 2010
    Last edited by a moderator: May 16, 2010
    it was my backpack, they said, go get it, i did because they knew closely to where it was, so i gave up kind of. I didn't say anything about it, never claimed it was mine, did say i had bought the bong though so idk. They didn't ask to search it, but i think they had probably cause because i smelled of weed and um we were tresspassing, which doesnt that give them the right to do a lot of shit?
  4. oh and no i was not holding it, like i said, my weed + bong was in my backpack, in a sewage drain on state property that was like an abandoned place.

    I just dont see how that is in my possession when its not on my property or anything..
  5. maybe if you didn't bring the bag to them it wouldn't seem like it's in your possession, but since you brought them the bag and said you kinda 'gave up' you probably can't do anything to get the case thrown away unless you get a good lawyer or some shit. just live and learn, we all get caught up at times :(
  6. you brought it to the officer which probably meant you consented him searching it. YOU have say " do you have a warrant to search my bag officer?" if they don't then you have to consent to a search if they want to look into it, you HAVE to say " I do not consent to a search" multiple times out loud.

    I'd talk to a lawyer btw.
  7. Well if it was in your back pack, its in your possession regardless of whether it is on your property or holding it. Now its up to them to prove that it is your back pack, but when you brought it to them you did that for them.
  8. If it's in your bag, it's possession, unfortunately. That's pretty much it, especially since you consented to a search or didn't deny it was your bag.

  9. sry charlie this guy has it pegged it being in your pack makes it on you...
  10. yea and come to think of it they did return the backpack to me, so i guess it proves its mine..
  11. For the record, you don't need to consent to the search if you're trespassing, they can just do it

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