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Originally posted by Artos View PostTVC...If the passenger was actually in possession of the illegal substance, can they still site the owner of the vehicle??
This part of the article seems odd unless I'm not understanding the laws.
Possession by definition in the PC is care, custody, control or management. If it is in his car, he is in control or custody of it.
If he has possession of any illegal item or substance (or comitting any other crime than a traffic citation) the handgun becomes an illegally possesed weapon so we get the UCW charge also.
The article really didn’t say that it was his vehicle but did say that the marijuana was found in each. If some was found in his vehicle, he is likely guilty under TX law of both charges. That doesn’t mean the DA will take charges but by the way the article describes it, it was a lawful arrest. If he was only walking by or the vehicle was not his, etc., the charges will probably be dismissed. The arrest would still be lawful in my opinion under probable cause but no proof beyond a reasonable doubt would not likely be proven.
As far as a probable cause arrest, the standard for court would be, what would a reasonable person believe if faced with the same facts and knowledge known by the officers at that moment. In this case according to the news, the police got a call of the smell of marijuana coming from the vehicles. That leads me to believe that it was being smoked and someone passed by and reported it. The police show up, find a few guys standing around and find the marijuana in each vehicle. They aren’t charged with smoking it but only possessing it. If it is being smoked and is in your car, that you are standing next to, what would a reasonable person believe?
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Originally posted by tvc184 View PostIn my opinion, yes.
Possession by definition in the PC is care, custody, control or management. If it is in his car, he is in control or custody of it.
If he has possession of any illegal item or substance (or comitting any other crime than a traffic citation) the handgun becomes an illegally possesed weapon so we get the UCW charge also.
The article really didn’t say that it was his vehicle but did say that the marijuana was found in each. If some was found in his vehicle, he is likely guilty under TX law of both charges. That doesn’t mean the DA will take charges but by the way the article describes it, it was a lawful arrest. If he was only walking by or the vehicle was not his, etc., the charges will probably be dismissed. The arrest would still be lawful in my opinion under probable cause but no proof beyond a reasonable doubt would not likely be proven.
As far as a probable cause arrest, the standard for court would be, what would a reasonable person believe if faced with the same facts and knowledge known by the officers at that moment. In this case according to the news, the police got a call of the smell of marijuana coming from the vehicles. That leads me to believe that it was being smoked and someone passed by and reported it. The police show up, find a few guys standing around and find the marijuana in each vehicle. They aren’t charged with smoking it but only possessing it. If it is being smoked and is in your car, that you are standing next to, what would a reasonable person believe?
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Originally posted by Traildust View PostWasn't arrested, charges never filed, witnesses back up Ellicott's story
But don't t let facts get in the way. .....
One thing is certain...put a million + $$ in their bank, combine it with youth, then throw in "certain" one's poor upbringing and ALL the fame...well, there are those who are not mature enough to handle it all at once. Shame that they get to do what so many just end up dreaming about and BLOW IT!
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Originally posted by kumathebear View PostLOL, yep...previous comment that inspired yours...could be a Cowboy Hater! But the NFL is going to suspend him I would bet...their "Holier than thou" stand on "basically anything that makes the news."
One thing is certain...put a million + $$ in their bank, combine it with youth, then throw in "certain" one's poor upbringing and ALL the fame...well, there are those who are not mature enough to handle it all at once. Shame that they get to do what so many just end up dreaming about and BLOW IT!
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