# Is it true that if nobody claims possesion of marijuanna in a car they arrest everyon **URL:** \ **Category:** Factual Questions\ **Created:** [August 4, 2003, 2:17am UTC](https://boards.straightdope.com/t/is-it-true-that-if-nobody-claims-possesion-of-marijuanna-in-a-car-they-arrest-everyon/192813 "2003-08-04T02:17:20Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![Paraphanelia](https://avatars.discourse-cdn.com/v4/letter/p/e79b87/32.png) [@Paraphanelia](https://boards.straightdope.com/u/Paraphanelia)\ **Post date:** [August 4, 2003, 2:17am UTC](https://boards.straightdope.com/t/is-it-true-that-if-nobody-claims-possesion-of-marijuanna-in-a-car-they-arrest-everyon/192813/1 "2003-08-04T02:17:20Z")
Can they arrest everyone if no one claims it? Also can they arrest you if you have dime bags that are empty? ---
**Author:** ![mangeorge](https://avatars.discourse-cdn.com/v4/letter/m/d78d45/32.png) [@mangeorge](https://boards.straightdope.com/u/mangeorge)\ **Post date:** [August 4, 2003, 2:28am UTC](https://boards.straightdope.com/t/is-it-true-that-if-nobody-claims-possesion-of-marijuanna-in-a-car-they-arrest-everyon/192813/2 "2003-08-04T02:28:23Z")
Are you _still_ guilt trippin’, \*_Paraphanelia_? 😉 The answer to your query depends on a lot. They can pretty much arrest everyone even if one of you do claim the stash. Empty bags can be problematic, depending on circumstances. Important in all of this is whether or not you’re a minor. If you are, leave the shit alone. Peace, mangeorge ---
**Author:** ![Reeder](https://avatars.discourse-cdn.com/v4/letter/r/c6cbf5/32.png) [@Reeder](https://boards.straightdope.com/u/Reeder)\ **Post date:** [August 4, 2003, 2:28am UTC](https://boards.straightdope.com/t/is-it-true-that-if-nobody-claims-possesion-of-marijuanna-in-a-car-they-arrest-everyon/192813/3 "2003-08-04T02:28:35Z")
I believe if no one claims it…they arrest the driver or the car owner. There is no law against posessing baggies. ---
**Author:** ![MikeG](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/mikeg/32/4329_2.png) [@MikeG](https://boards.straightdope.com/u/MikeG)\ **Post date:** [August 4, 2003, 2:28am UTC](https://boards.straightdope.com/t/is-it-true-that-if-nobody-claims-possesion-of-marijuanna-in-a-car-they-arrest-everyon/192813/4 "2003-08-04T02:28:52Z")
note to self: Never give **Paraphanelia** (sic) a lift home from a Dopefest. ---
**Author:** ![Joey\_P](https://avatars.discourse-cdn.com/v4/letter/j/919ad9/32.png) [@Joey\_P](https://boards.straightdope.com/u/Joey_P)\ **Post date:** [August 4, 2003, 2:30am UTC](https://boards.straightdope.com/t/is-it-true-that-if-nobody-claims-possesion-of-marijuanna-in-a-car-they-arrest-everyon/192813/5 "2003-08-04T02:30:29Z")
> [@](#): > > \*Originally posted by Reeder \* > \*\*I believe if no one claims it…they arrest the driver or the car owner. > > There is no law against posessing baggies. \*\* What if the inside of the bag is covered in a fine green dust that smells like marijuana. ---
**Author:** ![Joey\_P](https://avatars.discourse-cdn.com/v4/letter/j/919ad9/32.png) [@Joey\_P](https://boards.straightdope.com/u/Joey_P)\ **Post date:** [August 4, 2003, 2:34am UTC](https://boards.straightdope.com/t/is-it-true-that-if-nobody-claims-possesion-of-marijuanna-in-a-car-they-arrest-everyon/192813/6 "2003-08-04T02:34:26Z")
Sorry to hijack but I have another question. To make a long story short, a few years ago 3 friends of mine were caught smoking pot out behind some dorms. The officer confiscated 2 pipes (which they threw 20 feet or so from them and the officer retrieved. Anyways no one claimed responsibility for them so the officer gave them all paraphanalia tickets. To me, that seemed wrong. I told them that if I were in their position I would have mention to the officer (or at least to a judge) that the officer gave out THREE paraphanalia tickets but only confiscated TWO items. That doesn’t seem right. I assume what the officer was doing was not dealing with who they belonged to, and letting a judge deal with that. If all of them went to court, I’d guess they’d have lowered fines or at least one of the tickets would be dropped. ---
**Author:** ![Reeder](https://avatars.discourse-cdn.com/v4/letter/r/c6cbf5/32.png) [@Reeder](https://boards.straightdope.com/u/Reeder)\ **Post date:** [August 4, 2003, 3:03am UTC](https://boards.straightdope.com/t/is-it-true-that-if-nobody-claims-possesion-of-marijuanna-in-a-car-they-arrest-everyon/192813/7 "2003-08-04T03:03:26Z")
> [@](#): > > \*Originally posted by Joey P \* > \*\*What if the inside of the bag is covered in a fine green dust that smells like marijuana. \*\* If there is dust the bags aren’t empty. ---
**Author:** ![Joey\_P](https://avatars.discourse-cdn.com/v4/letter/j/919ad9/32.png) [@Joey\_P](https://boards.straightdope.com/u/Joey_P)\ **Post date:** [August 4, 2003, 4:56am UTC](https://boards.straightdope.com/t/is-it-true-that-if-nobody-claims-possesion-of-marijuanna-in-a-car-they-arrest-everyon/192813/8 "2003-08-04T04:56:52Z")
> [@](#): > > \*Originally posted by Reeder \* > \*\*If there is dust the bags aren’t empty. \*\* Good Point. ---
**Author:** ![Larry\_Mudd](https://avatars.discourse-cdn.com/v4/letter/l/f14d63/32.png) [@Larry\_Mudd](https://boards.straightdope.com/u/Larry_Mudd)\ **Post date:** [August 4, 2003, 4:56am UTC](https://boards.straightdope.com/t/is-it-true-that-if-nobody-claims-possesion-of-marijuanna-in-a-car-they-arrest-everyon/192813/9 "2003-08-04T04:56:59Z")
In my experience, [yes.](http://216.232.71.251/~larry/miscpics/arrest_report.gif) I don’t know if that would have been different if everything was in one bag, though. ---
**Author:** ![hajario](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/hajario/32/171_2.png) [@hajario](https://boards.straightdope.com/u/hajario)\ **Post date:** [August 4, 2003, 6:14am UTC](https://boards.straightdope.com/t/is-it-true-that-if-nobody-claims-possesion-of-marijuanna-in-a-car-they-arrest-everyon/192813/10 "2003-08-04T06:14:18Z")
If you’re caught with a bag of weed, you will be charged with possession. If you are caught with a bag of weed plus a few empty and clean baggies, you could be charged with intent to distribute. Haj ---
**Author:** ![bucho](https://avatars.discourse-cdn.com/v4/letter/b/e47774/32.png) [@bucho](https://boards.straightdope.com/u/bucho)\ **Post date:** [August 4, 2003, 12:30pm UTC](https://boards.straightdope.com/t/is-it-true-that-if-nobody-claims-possesion-of-marijuanna-in-a-car-they-arrest-everyon/192813/11 "2003-08-04T12:30:35Z")
dope aint good especially excessivesmoking of dope it decreases ur brain cells and u should know that ur brain cells at a certain age i think 18-20 can no longer be replaced. vatsy ---
**Author:** ![Tomcat](https://avatars.discourse-cdn.com/v4/letter/t/8e8cbc/32.png) [@Tomcat](https://boards.straightdope.com/u/Tomcat)\ **Post date:** [August 4, 2003, 1:21pm UTC](https://boards.straightdope.com/t/is-it-true-that-if-nobody-claims-possesion-of-marijuanna-in-a-car-they-arrest-everyon/192813/12 "2003-08-04T13:21:44Z")
Welcome to the SDMB **bucho**! Now unwrap your lips from the bong, that fallacy was disproven years ago. Welcome **Paraphenelia** , too! OP: I’m sure this question also depends on the local laws, i.e. this isn’t a Federal Drug law thing, but it could be a local one. And in all probability it could simply be a departmental issue for each police juridiction. Some cops might want to bust everyone they can for whatever reason (picture rural Texas), while others wouldn’t give a damn (picture San Francisco cops). The one thing you should always remember along these lines is that you should NEVER, **NEVER EVER** , tell a cop that the pot isn’t yours, that “it is a friend’s, I’m just taking it to him.” You might be thinking “I’ll tell him it is someone else’s and therefore he won’t think it is mine and he’ll let me go.” Whereas the cop is now thinking “Wow, I got me a clear case of distribution on my hands.” So what would have been a parking ticket violation in some States has now been escalated to a Felony distribution charge because you were trying to be clever. If it is yours, shut up and and talk to a lawyer. If it isn’t yours and no one claims it, shut up and wait to talk to a lawyer. Trying to talk your way out of something like this could more easily screw you than help you. -Tcat ---
**Author:** ![postcards](https://avatars.discourse-cdn.com/v4/letter/p/8e8cbc/32.png) [@postcards](https://boards.straightdope.com/u/postcards)\ **Post date:** [August 4, 2003, 1:43pm UTC](https://boards.straightdope.com/t/is-it-true-that-if-nobody-claims-possesion-of-marijuanna-in-a-car-they-arrest-everyon/192813/13 "2003-08-04T13:43:35Z")
> [@](#): > > \*Originally posted by MikeG \* > \*\*note to self: > > Never give **Paraphanelia** (sic) a lift home from a Dopefest. \*\* And explain that a “Dopefest” ain’t quite what s/he may think it is! ---
**Author:** ![Duke\_of\_Rat](https://avatars.discourse-cdn.com/v4/letter/d/ad7895/32.png) [@Duke\_of\_Rat](https://boards.straightdope.com/u/Duke_of_Rat)\ **Post date:** [August 4, 2003, 2:19pm UTC](https://boards.straightdope.com/t/is-it-true-that-if-nobody-claims-possesion-of-marijuanna-in-a-car-they-arrest-everyon/192813/14 "2003-08-04T14:19:51Z")
> [@](#): > > \*Originally posted by Tomcat \* > \*\*Welcome to the SDMB **bucho**! Now unwrap your lips from the bong, that fallacy was disproven years ago. > > Welcome **Paraphenelia** , too! > > OP: I’m sure this question also depends on the local laws, i.e. this isn’t a Federal Drug law thing, but it could be a local one. And in all probability it could simply be a departmental issue for each police juridiction. Some cops might want to bust everyone they can for whatever reason (picture rural Texas), while others wouldn’t give a damn (picture San Francisco cops). > > -Tcat \*\* Ah, more stereotypes. And I thought fighting ignorance was the goal. Actually, I’ve had a rural Texas sheriff’s deputy dump my stash on the ground and give my buddies pipe back. The police in say, rural New Mexico, were not as understanding. Never smoked dope in San Francisco. YMMV ---
**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\ **Post date:** [August 4, 2003, 3:15pm UTC](https://boards.straightdope.com/t/is-it-true-that-if-nobody-claims-possesion-of-marijuanna-in-a-car-they-arrest-everyon/192813/15 "2003-08-04T15:15:19Z")
1. Police may not arrest anyone without either a warrant or probable cause. 2. If contraband or paraphenalia are loose in a car, with no particular way to show that they were under the exclusive control of one person, then the police have probable cause to show that each individual in the car possessed the items. “Possession” may be actual or constructive; if you are in position to exercise dominion and control over the items, even if jointly with other persons, then you constructively possess it. 3. Even claiming ownership may not remove the taint of probable cause from another. 4. This is not intended to be advice about a particular event, but rather a generalizaed discussion of the law. The law in your jurisdiction may vary. Consult an attorney licensed to practice in your jurisdiction. I am not your lawyer. You are not my client. - Rick ---
**Author:** ![handy](https://avatars.discourse-cdn.com/v4/letter/h/b5a626/32.png) [@handy](https://boards.straightdope.com/u/handy)\ **Post date:** [August 4, 2003, 4:47pm UTC](https://boards.straightdope.com/t/is-it-true-that-if-nobody-claims-possesion-of-marijuanna-in-a-car-they-arrest-everyon/192813/16 "2003-08-04T16:47:29Z")
“Can they arrest everyone if no one claims it?” Well, I would suppose they would fingerprint the bag & look for prints. What area of the country are you talking about? Its not illegal in all of the usa. ---
**Author:** ![mangeorge](https://avatars.discourse-cdn.com/v4/letter/m/d78d45/32.png) [@mangeorge](https://boards.straightdope.com/u/mangeorge)\ **Post date:** [August 5, 2003, 1:47am UTC](https://boards.straightdope.com/t/is-it-true-that-if-nobody-claims-possesion-of-marijuanna-in-a-car-they-arrest-everyon/192813/17 "2003-08-05T01:47:33Z")
> [@](#): > > \*Originally posted by Joey P \* > \*\*What if the inside of the bag is covered in a fine green dust that smells like marijuana. \*\* I think they need a testable amount. Besides, you (I mean the “fine green dust” guy) needs to find a better contact. Somebody wake up **Paraphanelia**. It’s time to go home. Don’t let him drive. ---
**Author:** ![Ringo](https://avatars.discourse-cdn.com/v4/letter/r/779978/32.png) [@Ringo](https://boards.straightdope.com/u/Ringo)\ **Post date:** [August 5, 2003, 2:35am UTC](https://boards.straightdope.com/t/is-it-true-that-if-nobody-claims-possesion-of-marijuanna-in-a-car-they-arrest-everyon/192813/18 "2003-08-05T02:35:38Z")
To expand on what **Bricker** , an actual attorney (IANAL), said, let me relate the case of someone I know. He was in a friend’s Opel Kadet with two other people when they were stopped. As they stopped, a joint came flying out of a window. The police, of course, recovered the joint and arrested everybody. When they got to the station they were interrogated until one (who was, in fact, the joint tosser) actually confessed and was charged, while my friend and the driver were eventually released. As their attorney later explained, until someone confessed, the cops had no case against anyone because they couldn’t prove that any single one of them, much less that all of them, had knowledge of or control over the contraband. Two out of three knew the “keep your mouth shut” rule. This same person was later riding with another friend when that friend’s car, oddly enough also an Opel Kadet, was stopped. Those police also recovered something that contained a little bit of marijuana (some kind of container, but I don’t know what) that had departed the automobile directly before their arrival. These cops didn’t want to waste too much time, so they just came to the car and held it up and said, “I don’t suppose any of you a\*\*holes recognize this?” and poured the tiny bit of pot on the ground. And then arrested everybody in the car for public intoxication. Neither my friend nor his friend were at all intoxicated, but the third guy, whom they didn’t know, was in fact quite 'faced. The lesson learned? Perhaps the police auction is where to go if you’re interested in Opel Kadets. ---
**Author:** ![Blown\_Injected](https://avatars.discourse-cdn.com/v4/letter/b/a87d85/32.png) [@Blown\_Injected](https://boards.straightdope.com/u/Blown_Injected)\ **Post date:** [August 5, 2003, 5:53am UTC](https://boards.straightdope.com/t/is-it-true-that-if-nobody-claims-possesion-of-marijuanna-in-a-car-they-arrest-everyon/192813/19 "2003-08-05T05:53:47Z")
> [@](#): > > \*Originally posted by Bricker \* > \*\*1. Police may not arrest anyone without either a warrant or probable cause. > > - Rick \*\* Hahahahahahahahahahahahahahahahahahahaha!!! yeah right - that is what the law says but… ---
**Author:** ![vasyachkin](https://avatars.discourse-cdn.com/v4/letter/v/c5a1d2/32.png) [@vasyachkin](https://boards.straightdope.com/u/vasyachkin)\ **Post date:** [August 5, 2003, 8:06am UTC](https://boards.straightdope.com/t/is-it-true-that-if-nobody-claims-possesion-of-marijuanna-in-a-car-they-arrest-everyon/192813/20 "2003-08-05T08:06:30Z")
oh yes you do grow new brain cells at any age. it used to be believed that you don’t. and that was because they haven’t observed formation of new brain cells and simply concluded that if they didn’t notice it then it don’t exist. but they HAVE observed it since then. [Next page](https://boards.straightdope.com/t/is-it-true-that-if-nobody-claims-possesion-of-marijuanna-in-a-car-they-arrest-everyon/192813.md?page=2)