Can I be charged with possession of marijuana if someone else admitted to it being his?

UPDATED: Apr 14, 2012

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Can I be charged with possession of marijuana if someone else admitted to it being his?

Were on our way home for wetumpka,al when I’m pulled over for speeding, the police office was just about to let us go when another officer smelled marijuana and ask can he search the car and I said yes. Not knowing that my boyfriend had a small bag of it on him and an inch long blunt inside my drivers door. The police office searched and arrested him cause he admitted that it belonged to him and I was also arrested cause it was my car, even though the car doesn’t belong to me but is actually my mother’s car. I was put inside the police car while bother of us were questioned. And can our case be dismissed if our rights weren’t read?

Asked on April 14, 2012 under Criminal Law, Alabama


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You have a lot of different issues going on here and you should speak with an attorney as soon as you can.  First, if the car was stopped for a valid reason by the police then smelling the pot and the subsequent search seems to be proper.  The law generally allows for the police to impound the vehicle.  As for the charge against you, the attorney will be able to sort that out.  Now, as for Miranda rights, they need to be read to a person by the police at the time that the person is placed in to custody.  That is also something that differs from state to state and you should speak with your attorney on that issue as well.  Good luck.   

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