Legal Question in Criminal Law in Pennsylvania

Unfair Arrest

Someone I know was visiting some friends out of state and was in a car with another individual. The car was stopped due to suspicious behavior. The police found marijuana in the car and it was on the floor of the side my friend was sitting in. She was unaware of the marijuana being there and she was not in a car that belonged to her. She was the only one arrested and the other individual was never arrested on any charges. She is a good kid with no prior records. She was just in the wrong place at the right time. Is this fair? What is the process for arresting individuals in a car found with marijuana? If the car belonged to the person driving it why was that person not arrested? Wouldn't they be as guilty as my friend since the cops can't prove who the marijuana belonged to? If anything, shouldn't the cops have arrested the driver?


Asked on 11/06/07, 3:17 pm

1 Answer from Attorneys
John Gibson John W. Gibson, Esquire

Re: Unfair Arrest

It may just be a bad decision by the police or he may have seen her move as he approached and will testify that he believes that he observed her place it under the seat. I know of one case where the police charged a guy with possession of a small amount of marijuana when it was in his girlfriend's purse. It's a question of credibility of the police officer at that point.

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Answered on 11/07/07, 11:31 am


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