Genessee County
Recently discharged from probation for possession of Marijuana, the 18 year old client was the driver of a vehicle occupied by one other. After a traffic stop, for the reason that the passenger was observed smoking a cigar on school grounds, our client was asked to step from the vehicle, patted down, and allegedly a pipe was pulled from his front pocket. After being placed in the back of the police vehicle, the passenger then handed the police another pipe which he pulled from the center council while at the same time stating that it belonged to the driver. Client was charged with possession of marijuana and possession of paraphernalia in front of the same judge to which he was recently put on probation.
After assessing the case and appearing at the pretrial Komorn Law convinced the prosecutors to dismiss the counts, allowing our client to plead to a disorderly person, and sentenced to a fine. No probation was issued, case closed.
Lessons
Young adults are often the targets of pretext stops, with police believing that this age group is often in possession of marihuana or some other contraband. Be aware of this and take steps to not have contraband in the car. Avoid being observed smoking on school grounds and be aware that the laws may differ based upon your location.
Anyone who gets in your car is a potential codefendant in a case; this is even more true as it relates to the driver. By being the driver it is implied you own and possess the items that may be found. It is imperative to be aware of what the guest passengers are bringing into your car. While the facts may be that it is not the driver’s or the driver did not know of any contraband, these are usually defenses in court and may not protect you with police at the scene.
