Passenger Arrests for Unconcealed Contraband

Can a passenger in a motor vehicle be arrested for unconcealed contraband? Yes, police are authorized to arrest a passenger for possession of contraband found in plain view. When a passenger is seated close to contraband found in plain view, it can be infered that the passenger knew about the contraband and had the intent and ability to exercise dominion and control over it. Under Minnesota law, this is know as the doctrine of constructive possession. A person may constructively possess contraband jointly with another person.

In State of Minnesota vs. Ortega, a passenger arrest was justifed based on the police finding a rolled-up dollar bill with a white powdery residue in the center console cup holder. The residue was field tested by the officer and found positive for cocaine. But in the case of State of Minnesota vs. Slifka, the court held that the mere presence of a passenger in a motor vehicle found to contain marijuana did not justify the arrest of the passenger. In the Slifka case, the marijuana was found concealed in the glove compartment.

If you or someone you know was a passenger in a motor and has been arrested for possession of unconcealed contraband, you will need an experienced narcotics defense attorney to defend your freedom and protect your record. Call attorney Robert J. Shane now for a free phone consultation at (612) 339-1024 or visit his website for more information at www.criminallawyerminnesota.com.

Marijuana in a Motor Vehicle Law in Minnesota

It's a misdemeanor offense in Minnesota for a driver to possess more than 1.4 grams of marijuana in the passenger compartment of a motor vehicle. It's only a petty misdemeanor offense for the same driver to possess 42.5 grams of marijuana or less in the trunk of a motor vehicle. A petty misdemeanor is considered a noncriminal offense in Minnesota subjecting the violator only to a fine not to exceed $300.00.

A passenger who possesses 42.5 grams or less of marijuana in either the trunk or passenger compartment of a motor vehicle can only be charged with a petty misdemeanor offense.

It's a felony offense for either the driver or passenger to possess more than 42.5 grams of marijuana in the passenger compartment or trunk of a motor vehicle.

If you or someone you know has been charged with possession of marijuana in a motor vehicle, you may have a legal defense to the charge based on an illegal search of your vehicle. Call Minneapolis criminal defense attorney Robert J. Shane for a free phone consultation at (612) 339-1024. Mr. Shane has 28 years of criminal defense experience.

Can a Landlord Consent to a Police Search of Your Apartment?

In Minnesota, a third party can consent to a warrantless police search of your apartment only if the person has the right to mutual use and joint access to the premises. A roomate, for example, would have the authority to consent to a warrantless police search of your apartment.

A landlord, on the other hand, does not have the authority to consent to warrantless search of your apartment by the police. This is because a landlord does not have the right to mutual use and joint access to your apartment. Even though a landlord may reserve in the lease the right of entry into your apartment for a specific purpose, the landlord does not have the authority to consent to a warrantless police search. The only circumstance that would allow a landlord to consent to a police search of your apartment under Minnesota law would be in the case of abandoned property.

If you or someone you know has been charged with a crime based on evidence obtained in warrantless police search of your apartment, you may be able to suppress the evidence and dismiss the criminal charge based on an illegal search and seizure. Call criminal defense attorney Robert J. Shane for a free phone consultation at (612) 339-1024 or visit his website for more information at www.criminallawyerminnesota.com.