Questions about my Possession charge

So the other night, the cops happened to show up in the parking lot of a bar we were at while we were about to smoke in the car...They got us out of the car and I was sitting on (literally sitting on top of) an eighth. I got charged with possession, but I'm wondering if I can fight it since it wasn't technically on my person. The person who was sitting in the driver's seat was also charged with possession although he wasn't holding any of his own, and the bag was in the back seat with me...But I'm sure he'll get out of that charge.

So can I try to fight the charge, being that the bag was under my ass, not in my hand or pocket?

Fuckin cops...They arrested me without reading me my Miranda rights and without telling me my charge until we got to the interrogation room. They didn't think to search under the floor mats to find the J I had just rolled, and tried to tell me that the driver had 3 pounds in the trunk. It all seems petty to me, being that this was all over an eighth

 

Thats fucked up. Win some you lose some.

 

There might be something w/ the miranda rights if they questioned you before telling them to you but other than that i doubt you could get out of the charge unless they did something else wrong.

 

The driver is responsible for everything in the car its kinda the same for you because you were sitting on it, so you cant even say you didnt know it was there. But if you didnt consent to the search you might have somthing .Best of luck

 

Only thing that I see is if they forced you out of the car without probable cause. If you got out on your own it would be plain sight... so no possible way to do anything about an improper search. If you got out voluntary you pretty much fucked yourself.

 

FUCK!
dude
i have a friend that got caught with a SHIT load of ex, and he got off because the cop didnt read him his mirana rights!

 

miranda rights are only good for confessions and statements...

 

Shit, they arrested you for an eighth... like as in 1/8 of an ounce? Damn, where the hell do you live? In Colorado they can't arrest you for anything short of an ounce.

 

I don't think you can fight off the possesion charge since the bud was in your reach.

 

The law will prosecute you for possesion of mj regardless of the amount (in some states they'll just issue you a citation). The law is the law and will punish you even if it means getting approval from a judge to cavity search your ass for a stem. Try living in Nevada were possesion of a seed is considered a felony. I know...too much of a deal with mj.

 

or he couls mean an 1/8.. 3 1/2 grams

 

Same thing.

 

They arrested me for 1/8 of an ounce...Bullshit, but whatever. And I live in Pittsburgh...Cops in my suburb are gung-ho when they find someone my age. They made me get out of the car, I didn't get out on my own...Then they cuffed me immediately, didn't read me my rights, and didn't tell me what the charge was until we got back to the station. I pretty much gave them the motherfucker treatment while we were at the station coz I knew they couldn't use it against me in court...As for probable cause, I'm not too sure...I mean we had just sat down in my buddy's car, so for all they know, we were just getting ready to leave, and then they came over with flashlights glaring. I suppose I could fight that they didn't have P.C., but the problem is we were actually in the car to smoke (although we hadn't even sparked it before they came over...lit some of the paper up on the end of the J, but no weed was burning). The driver never consented to a search, being that it was his parents' car, but I guess it's hard not to see a bag sitting there.

 

plain sight rule, if its in plain sight of the cops its fair game. But i'm in the same boat. Cop saw me hit a bong from the woods right before they rambo'ed up to us and cited me for possession though i had nothing on my person or my car. Honestly we were like 10 miles from town away from everybody... who are we harming. It's a ridiculous charge that i'm going to fight in court.

 

Theres no reason not to fight it. Good luck.

 

i also admitted to some of the brews we had but that is inadmissible in court as they did not read me my rights so im not too worried.