Can I be convicted if a person plants drugs on me?
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I don't do drugs and I don't hang out with people who do, but what if some drug-dealer plants drugs in my car, house or pins it on me, like in my pocket, when I'm not ...show more
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Answer:
If you don't do drugs, and if you have lots of money to mount a defense complete with witnesses who can CREDIBLY testify to your non-drug character, you MAY have a chance to beat the rap. The basic possession charge makes very little distinction about HOW you came to be in possession, simply that you ARE in possession. Very scary. I gave a ride to some girl whose car broke down one night. I was in the military and the next day I was in and out of the base gate repeatedly, and it happened to be a weekend that they were randomly checking lots of cars. They never checked mine. And that evening, when I discovered that the girl had forgotten her little box of uppers over on the passenger seat, I about shít a brick! I watched all around as I dumped the pills down a sewer drain, wiped the box of fingerprints and then chucked the box into a dumpster. You think if they'd searched my car, that they'd have believed some story about a phantom hitchhiker I picked up the previous night?
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Other answers
That's funny. How are you going to prove someone planted it on you cops are gonna be like "take that up with the judge" and yes you will be convicted.
fluttergirl2004
yeah but to be honest if i had drugs on me right now and you were here i wouldnt plant them on you ide be taking them myself :D
You can be convicted of nearly anything at any time. Whether or not the conviction stands on appeal is really the question. The crime of possession of anything includes the element of knowledge. You cannot (despite what is said here) be found guilty of possessing something if it cannot be shown that you knew (or should have known) you were in possession of it. You go to a swap meet and pay $150 for a stereo that's worth $200 - and unbeknownst to you, quite stolen. Figuring you got a pretty good (and not unreasonable deal), you take it home. For whatever reason, the cops get a tip that you have a stolen stereo purchased at a swap meet. You've got a receipt for the stereo. You paid a fair price for the stereo (not like you paid ten bucks for a two year old Mercedes). How in the world would it be fair to convict you of possessing a stolen stereo under these conditions? The answer is that it would not and that's why it does not happen. Contrast this with you walking down the street with an ounce of methamphetamine in your jacket pocket. The police get a tip, you allow them to search you and oops...there's that nasty meth. Is it your jacket? Is it reasonable to expect you'll know what is in your pockets? Is it possible someone dropped that ounce in there fifteen minutes prior and then called the police? Are you under the influence of meth? Do you have a string of drug-related arrests or convictions? Are you in possession of drug paraphernalia at your house or on your person? Are your fingerprints on the package of meth? The criminal justice system does not simply convict you and throw away the key because you might be in possession of something. All the relevant circumstances are evaluated and then a determination is made. If you live in Hollywood and something is planted on you, your house or your car, and if the police find it, is there a way the police can determine who put it there? Dunno...have to check the script and see what happens in scene sixteen first. You saw a movie on TV. I did too...it was this alien who popped out of someone's gut. Enough said.
mikeysco
After reading this, I'm guessing during a traffic stop, if asked if there was anything illegal in your car, you would say something like, "Not to my knowledge." The charge is POSSESSION of a controlled substance. If you are found with a dime bag in your pocket, and your excuse is that a drug dealer stuck it in there when you weren't looking, you're going to be taking a ride.
Alex
YES, how does one put on you that you did not know about? I don't know the 1986 law nor should you believe television, not even the news... lots of lies out there and stretching the Truth and l miss leading statements... By the way its not really the job of the police to find out what dealer planted stuff on you.. I drought any dealer would ever put on someones person they did not know.
Shane P
Yes, if it's in your possession whether you know it's there or not.
Jim Bob
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