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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.
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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 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.
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As always, State and local laws (and department policies) will dictate how individual officers proceed. However, the Federal Courts seem to still recognize and allow these types of motor vehicle searches within the 4th Amendment restrictions. This case is particularly important in clarifying the legal requirements of officers searching a motor vehicle at a stop location. The discovery of unlawful drugs within a home shared by minors represents an extremely serious legal situation. Beyond potential drug possession charges for the adults involved, additional child endangerment charges may apply when contraband is accessible to children. This can dramatically escalate the legal jeopardy compared to drug charges alone and, in some cases, can affect child custody.
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- Jennings was arrested and charged with possession of a stolen vehicle, transporting an open container of liquor, operating a vehicle with a suspended license, and failure to carry a security verification form.
- Entrapment is a potential defense if law enforcement induced the accused to commit a crime they otherwise would not have committed.
- “As soon as anybody would see it if you lived in this neighborhood, you would be suspicious.”
- O’Hara said two of the juveniles in the stolen car were arrested less than two weeks ago for being in a stolen vehicle.
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). In the Daniel case the Court recognized officers can still establish probable cause to search a motor vehicle without obtaining a search warrant. The officers clearly linked their observations to portray a reasonable belief that Daniel’s vehicle contained controlled substances.
Constructive Possession Laws
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.
- Officers are encouraged to note and document as many observations, suspicions, and their experience with similar circumstances into their official police report.
- As always, State and local laws (and department policies) will dictate how individual officers proceed.
- 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.
- Evidence review and forensic analysis are crucial in disputes over drug ownership.
Bennett was charged with receiving stolen property over $1500, second degree conspiracy, possession of burglar tools, two counts of second degree reckless endangering, and two counts of endangering the welfare of a child. BlueSheepdog.com is dedicated to providing no nonsense police gear reviews, law enforcement information, officer safety tips and more. Founded by a cop and written by cops, BSD is independently owned and operated. The Court then examined facts relevant to the issue of whether the police had probable cause to believe Daniels’ vehicle contained evidence ecso arrests man reportedly driving stolen car, say drugs found in vehicle of a crime.
Scott Rose has committed to providing high-quality legal representation to his clients, earning him a spot in the National Top 100 Trial Lawyers. Some people have a misconception that the State will bring drug cases only when the facts involve “actual possession.” The reality is that many – and maybe most – drug cases do not involve actual possession. At CARFAX, we collect events from the lives of millions of used cars from 20 European countries, as well as the USA and Canada. We can then create a vehicle history for every car in our database and make it available to you.The information helps you to check sales data, avoid expensive follow-up costs and negotiate a fair purchase price.
There were three passengers in the car, identified as 20-year-old Hailey Warren, a 13-year-old boy, and a 13-year-old girl, who all sustained minor injuries. The trooper also suffered a serious injury and was taken to a nearby hospital. During a search of the car, troopers reportedly found a screwdriver under the driver’s seat, commonly used in vehicle thefts.
However, conclusions drawn by law enforcement may not align with legal standards for proving possession beyond a reasonable doubt. All in all, a wide range of circumstances can lead to drug charges when illicit substances are found on your property. Prosecutors will look at who occupies the property, who had access and control of the area where drugs were found, who owns or leases the property, whether you were near the drugs, and whether there is proof you knew about the drugs. Jennings was arrested and charged with possession of a stolen vehicle, transporting an open container of liquor, operating a vehicle with a suspended license, and failure to carry a security verification form. On Tuesday, investigators located the suspect vehicle at a park on Erress Boulevard.
“It was nothing we were concerned of as far as him using it as a weapon of mass destruction. It’s very low radioactivity,” Sgt. Anthony Gibbs told NBC News. The ECSO responded to Erress Boulevard on Aug. 16 for shots fired and a wrecked vehicle that was engulfed in flames, the report notes.
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.
