Legal Question in Criminal Law in Tennessee

After I took a day trip with some friends of mine, my friend's dad found a grinder containing a small amount of marijuana that was left in the car. The vehicle belongs to his dad. His dad immediately drove the car to the local police station to be searched and tested for confirmation. He doesn't know it (yet, at least), but the grinder belongs to me. Unfortunately, he plans on using the full extent of the law to get to the bottom of the situation instead of handling it privately. I am 18 years old. What could happen from here? He told my friend that the owner (himself) and everyone who was in the car is culpable for a charge and the vehicle could be confiscated. That leaves me with a few questions.

1. Could the vehicle really be confiscated, or is he bluffing? That seems extremely unlikely.

2. Could the police arrest, charge, or obtain a search warrant on anyone who was in the car from the father's testimony alone?

3. Could the father, as owner of the vehicle, be charged with possession? If so, how likely is that?

4. The father is a practicing plastic surgeon. Could this hurt him professionally?

5. Should I be wary of plea bargaining in this kind of situation?

6. What should I do?

Thanks so much.


Asked on 4/09/12, 9:54 am

1 Answer from Attorneys
Charles Bloodworth

1. An automobile can be seized by the State of Tennessee if it is used in the commission of a felony drug offense. Simple possession on marihuana is a misdemeanor and possession of drug paraphernalia is a misdemeanor. On the other hand manufacture/sale/delivery of a controlled substance is a felony, so if there is evidence that the car/grinder was part of a marihuana distribution plan, then the State could file to seize it. But as a general rule, if it was not done on the spot, it won't be done after the fact.

2. A magistrate would need more information than what you have described to issue a warrant, and nothing you have said so far would justify issuance of a search warrant.

3. The owner of a vehicle is not automatically responsibility for everything in the vehicle. As a minimum, the owner must know of the presence of the contraband.

4. YES, being caught with marihuana in his car could definitely hurt the career of a doctor. It can cost him business, lead to an investigation by the medical board, and might result in loss of prescribing rights.

5. The advantages and disadvantages of a plea bargain are matters best left to you and your attorney.

6. See number 5.

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Answered on 4/23/12, 7:59 am


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