Does a charge of possession of marijuana actually require the police to find marijuana directly in yourpossession?
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Does a charge of possession of marijuana actually require the police to find marijuana directly in yourpossession?
My backpack was stolen last week (by my mother) and I reported it stolen. The police called a few hours later saying my bag showed up. When I went in to the PD to go pick it up. They had a possession of marijuana and possession of marijuana paraphernalia ticket waiting for me. Also, the police held onto $2000 laptop of mine without any reasoning for 24+ hours.
Asked on April 13, 2011 under Criminal Law, Utah
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
So what you are inferring here is that the pot is not yours and that you want to put forth the idea that your Mother or someone else planted it in the back pack to have to issued a ticket? Or that it is yours but that because there was a break in possession you want the judge to infer it? I agree that there is an issue here as to the chain of custody of the back pack and the possibility of being able to get this ticket and charge reduced or thrown out (but I would ask a criminal lawyer in your area as not all the facts are here) but generally speaking the police can make certain assumptions as to your possessions and that the content inside is yours as well. Get legal help.
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