Establishing constructive possession becomes more difficult when drugs are found in common areas readily accessed by multiple roommates or family members. In these cases, police look for individual factors that point to knowledge and control over the contraband. Of course, there is always the old saying, “you can beat the rap but you can’t beat the ride.” This saying especially holds true in cases like this. Police routinely arrest drivers even when it would be nearly impossible to prove that the driver knowingly had possession of the drugs. That is why people who are arrested in those situations should quickly contact an attorney who can protect their rights and raise proper defenses.
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“What’s most notable over the course of the year is that while there’s fewer of these cars being stolen, the activity that these juveniles are involved with has become more and more brazen,” O’Hara said. “There have been more aggravated assaults, more robberies, more hit and runs, more serious crimes more frequently committed by those individuals who were involved in the theft of these cars. So ecso arrests man reportedly driving stolen car, say drugs found in vehicle it’s very, very concerning.” Dutrow finally stopped the car, and both she and Hutchinson were arrested, police said. After graduating from the University of Virginia School of Law, he gained valuable experience working for a United States Senator and as a Judicial Law Clerk for the Chief Judge of a United States District Court.
In any event, these things are common occurrences when drugs are found during a traffic stop. And in all of those cases the driver asks me if they can be convicted even though they didn’t have the drugs in their personal possession. Though not specifically addressed in this case, the he Courts still tend to be favorable of motor vehicle searches without a warrant when the officers develop probable cause of criminal activity in the vehicle. A lawyer can guide you through the legal process, protect your rights, and build a defense strategy. Early consultation is particularly important in constructive possession cases, where proving lack of control or knowledge can be complex. An attorney can examine the legality of the search and seizure, evidence handling, and any procedural errors.
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After Daniel was placed into handcuffs, Officer Gaddis alerted Officer Britten to an odor coming from Daniel’s vehicle. Britten recognized the odor as the smell of “fresh marijuana, unburnt marijuana.” Based on the smell, the drugs discarded in the baggie, and the observation of a hand-to-hand transaction, the officers searched Daniel’s vehicle. Hutchinson faces raps for unauthorized use of a vehicle and multiple counts of criminal possession of a controlled substance. Dutrow was charged with unauthorized use of a vehicle, and unlawful fleeing of a police officer in a motor vehicle, cops said.
Potential Charges and Penalties
- “What’s most notable over the course of the year is that while there’s fewer of these cars being stolen, the activity that these juveniles are involved with has become more and more brazen,” O’Hara said.
- Probable cause must be based on facts leading a reasonable person to believe a crime occurred.
- However, the U.S. 8th Circuit Court of Appeals addressed the issue of searching a motor vehicle based upon probable cause (even though the occupant had just been arrested as well).
- The case of United States v. Daniel (2016) may provide greater insight and clarity into when it is still permissible for an officer to make a warrantless search of an automobile.
- If the drugs are in a passenger’s pocket, proof of guilt would require proof that the driver knew about it and had control over it.
The choice of a lawyer is an important decision and should not be based solely upon advertisements. “There’s never a car in that field. It’s just a big empty field, it’s not like a road or driveway or anywhere you would park,” said resident Samantha Cross. “As soon as anybody would see it if you lived in this neighborhood, you would be suspicious.”
Meeting the Burden of Proof for Drug Possession
Drug-free zone enhancements can further increase penalties for offenses near schools or other designated areas. Techniques like gas chromatography and mass spectrometry identify and quantify drugs. Scientific evidence must meet admissibility standards, often assessed under the Daubert standard. Defense attorneys frequently scrutinize the credibility of labs and experts, questioning qualifications and procedures. The scope of the search is limited to areas where suspected contraband could reasonably be found.
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Officers launched the chase after they received a notification from a stationary license plate reader indicating that a stolen 2020 Mazda CX5 was heading east on Northern Boulevard, authorities said. Molly Louise Dutrow, 29, of Glen Head, and Randall Hutchinson, 25, of Oyster Bay Cove, were busted around 3 p.m. Friday following the pursuit in which the pair almost struck one officer — prompting him to shoot at their vehicle, Suffolk County Police said.
- Understand your rights and legal options if drugs are found in your car but aren’t yours.
- This can dramatically escalate the legal jeopardy compared to drug charges alone and, in some cases, can affect child custody.
- The chief said the driver of the stolen car, an 11-year-old boy who was not injured in the shooting, was detained at the scene but was later released to his parents.
- He is dedicated to representing clients facing criminal charges and providing legal representation on various cases, including DWI, misdemeanor, and felony cases.
- Passengers unaware of the drugs may have reduced liability, especially in ride-sharing scenarios.
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But police often use their discretion to arrest first and let prosecutors sort out the evidence later. Deputies arrested Antonio DeSoto following a K-9 search of the area around Century Boulevard after law enforcement discovered a man with gunshot wounds, department spokesperson Morgan Lewis confirmed to the News Journal. The legality of search and seizure determines evidence admissibility in court. The Fourth Amendment protects against unreasonable searches, requiring probable cause or a valid warrant. The “automobile exception” permits warrantless searches if probable cause exists, given the mobility of vehicles. At the same time, troopers were involved in a separate chase with the Sonata, which was also driving recklessly through Kent and Sussex Counties.
Without proof tying the drugs to a specific person, charges may not be justified. Probable cause must be based on facts leading a reasonable person to believe a crime occurred. In vehicle searches, this might arise from illegal substances in plain view, drug odors, or credible informant information. The burden of proof lies with the prosecution, which must demonstrate beyond a reasonable doubt that the accused had knowledge and control over the drugs. This is particularly challenging with multiple passengers, as mere presence doesn’t equate to possession. Legal precedents, such as United States v. Jenkins, emphasize the importance of evidence linking the accused to the drugs beyond their presence in the vehicle.
Legal precedents, such as United States v. Delaney, often guide these determinations. DOVER, Del. – A chase involving two stolen vehicles led to charges for three people early Friday morning. Whenever an officer, or attorney, tries to justify their actions with “the court said I could”, instead of providing objectively reasonable articulation as to why their actions were lawful, you can expect the Court to level the hammer. The chief said the driver of the stolen car, an 11-year-old boy who was not injured in the shooting, was detained at the scene but was later released to his parents. Then, she “abruptly accelerated” toward one of the officers – prompting the cop to fire a single round from his service weapon, injuring no one but striking the driver’s side of the Mazda, police said. Drugs found inside a car or on someone’s property can also lead to possession charges, even if the owner wasn’t present.
Defense attorneys can also question the chain of custody and the integrity of forensic evidence. Any gaps or inconsistencies in evidence handling, or flawed forensic analysis, can undermine reliability. If the search lacked probable cause or exceeded legal limits, the evidence obtained may be inadmissible, weakening the prosecution’s case. The case of United States v. Daniel (2016) may provide greater insight and clarity into when it is still permissible for an officer to make a warrantless search of an automobile. “We believe even more rounds were fired because some of those casings may have been inside the suspect vehicle,” O’Hara said. After tracking the car to Pine Hollow Road in East Norwich, cops attempted to stop it at Whitney Avenue, but Dutrow – who was behind the wheel – drove up over a curb to get away, police said.
Therefore the search based upon probable cause was reasonable and allowable under 4th Amendment scrutiny. When I meet with a client about a criminal case, many times the client is accused of possessing drugs (more officially known as a controlled dangerous substance) in their vehicle. And in many of those cases, the alleged drugs that were found are not necessarily in the possession of the driver. They might be in a passenger’s pocket, in a backpack that a passenger has in the back seat, or someplace similar. The drugs may have even been in a passenger’s pocket to begin with, but then the passenger threw them on the floor once police showed up. Or the driver may have borrowed someone else’s car, and unbeknownst to them drugs were left in the glove compartment.
