Being a criminal law attorney in Fort Lauderdale, Could very well many friends who ask me, "Can police officers arrest me if I am operating a car or truck featuring marijuana?" Even though you shouldn't ever ride vehicle that has marijuana, you may lower probabilities of being arrested by learning the significance of the legal concept "constructive possession." The Fourth D.C.A. of Florida recently wrote a brilliant analysis on constructive possession in Brinkley v. State, 12 So.3d 311 (Fla. 4th D.C.A., 2009).To become convicted under Florida Statute 893.13 (Possessing a Controlled Substance), a state must prove beyond a sensible doubt that you choose and possessed and had expertise in the marijuana. To obtain method to have personal command over or exercise the appropriate of ownership, management, or control over the one solution possessed. Possession might possibly be actual or constructive. Actual possession is a simple concept - within hand, inside container within hand, on your own person, or within ready reach in addition to your control. To your house . has exclusive possessing a controlled substance, knowledge is inferred. Issues of constructive possession are definitely complicated, however.To generate constructive possession of marijuana, the state of hawaii must prove that you had (1) dominion and control of the marijuana, (2) knowledge that a marijuana was on your own presence, and (3) understanding the illicit nature within the marijuana. The typical issue in contention is you have dominion and control of the marijuana. If for example your vehicle that marijuana is located open for joint (no pun intended), besides your exclusive possession (i.e. you are the passenger automobile), an understanding of the existence of the controlled substance around the vehicle with your opportunity to maintain control over the controlled substance shouldn't be inferred.In laymen's terms, if you were seriously foolish enough becoming caught driving in a bus the place bag of marijuana was put in plain view around the center console, the state run would still need to prove that you had "control" all over the marijuana, in addition to "knowledge" of one's marijuana. However not specifically defined, control may be the capacity take, use, own, (or smoke) the marijuana without receiving permission from another person or business. Mere proximity towards the marijuana is not actually enough to establish control if your marijuana will not be of your exclusive control. Possession might possibly be joint (2 or more people may exercise domination of the cannabis) but provided that both of these individuals have total control through the marijuana.To prove dominion and control, the police will surely have to observe you possessing, concealing, or inhaling the marijuana or if one makes any incriminating statements admitting ownership inside the marijuana. Notwithstanding the aforementioned reasons, law enforcement cannot impute the ownership for the marijuana with you as you have a vehicle that has marijuana. Therefore, never make any incriminating statements about the police almost about ownership of an marijuana. Whatsoever the authorities promise you (i.e. we cannot arrest you if you admit ownership), fail to admit ownership of your marijuana. Also, try to remain calm - will not make any furtive or quick movements could possibly lead the police that you were nervous or hoping to conceal the marijuana. Also, do not smoke the marijuana from the vehicle. It truly is oftentimes tough to deny ownership every time you therefore the vehicle reek of marijuana.By using an aside, should you still like to ride in a vehicle that contains marijuana, ensure that the marijuana is hidden (apart from plain view), preferably within your trunk or locked compartment. At the very least, be careful not to leave the marijuana in plain view during the center console or ashtray. Additionally, don't keep any paraphernalia (pipe, rolling papers, etc.) on top of your person.Finally, though the police shouldn't arrest you for having a controlled substance when cannot show actual or constructive possession, it doesn't mean the police won't arrest you anyways. Police officers routinely arrest car many college students where marijuana is positioned during a vehicle, even tough that they can't pinpoint who exhibited dominion and control. Appears to fall apart, it is significant to get hold of an experience criminal defense attorney to assess this facts of our case and file the fitting Motions. Possessing even 1 gram of marijuana is punishable by a lot one full year in jail and/or Year or so probation together with possible two year license suspension. Won't plea from the case without chatting with a dui attorney.The material on this page site was created by Lyons, Snyder & Collin, P.A. for informational purposes only and really should not be considered legal advice. The transmission and receipt of strategy designed by article may not form or constitute an attorney-client relationship with Lyons, Snyder & Collin. Persons finding the information within this article cannot do something about the details provided without seeking profession an attorney.