Drug Possession And Drug Paraphernalia

Drug Possession And Drug Paraphernalia,
NC Criminal Law

Being charged with the Possession of drugs or drug paraphernalia contains a minefield of legal issues.

Marijuana Trafficking:

• Was there a warrant for the search? Probable cause? Was the drug in plain view?
• Was what the drug/paraphernalia on your person or in your constructive possession?
• Can it be proven that the substance seized by the Officer is the alleged drug you are charged with possessing?
• Is there an appropriate chain of custody between the time the item was seized and the time the item was tested and returned to the Police Department?
• Was the drug weighed in accordance with policies and procedures? Is it documented?

The most common way that people are charged with the possession of marijuana and/or marijuana paraphernalia charges are from routine traffic stops for minor traffic offenses. For example, an officer stops a car for speeding and approaches the car window. The window is rolled down for a conversation with the officer and the smell of marijuana is detected (or said to be detected) by the officer. From there, the officer has probable cause to investigate further, to ask all occupants of the car to get out of the car, and to search the car. Likely, the officer also performs a search of each and every occupant of the vehicle to ensure officer safety during their search of the vehicle. During the search of the occupants or the car, marijuana and/or paraphernalia is found and charges result to typically all occupants of the vehicle.

The common question is: "Can the officer's charge everyone in the car?"
The answer is: "It depends."

It depends because it factually matters where the drugs were found, whose car it was, what was said by the occupants of the vehicle at the time and the relationship of those in the car (and their credibility). For these reasons and others, it is important that an experienced attorney reviews your case to ensure that your 4th amendment rights against Search and Seizure were upheld and that you propose all possible defenses. Call Laura M. Baker to make sure your rights are protected. Get your free consultation today.