[yonif]

Isn't this how its always been?

[MissAmericanPie]

I thought the same as you. I thought everyone in the car was charged.

[ask]

Isn't this how its always been?

no

[Behind Liberal Lines]

It's been like this in New York State for years. And not just with drugs, but stolen property, etc.

The theory is that if you are in a car, a car is small enough you ought to know what your co-passengers are up to. And a defendant always has the right to tell a jury that the contraband (drugs, stolen property, etc.) wasn't his, that he didn't realize it was in the car, etc.

All this does is codify the concept that there is probable cause to arrest everyone in the car and let a jury sort it out.

[dasboot]

Isn't this how its always been?</>

In Mass, yes: same as it ever has been, as far back as I was concerned with it....1986 on.

[AZPubbie]

Yep. The Maryland case that the SCOTUS UNANIMOUSLY OVERRULED was a complete outlier with the overwhelming majority of American cases on the subject for the entire history of the Republic. People forget that arrest does not equal conviction. Finding "probable cause" to arrest requires less than "beyond a reasonable doubt" to convict and less than even a preponderance of evidence in civil cases. Moreover, IT ALWAYS HAS BEEN THIS WAY.

Everyone should just chill and think about it for a minute. Two people in a car. Both claim that the pot isn't theirs. Should the police be allowed to arrest both and sort it out or be prevented from arresting either of them? This is common sense defined.

[BurtS188]

I work in NJ in Law enforcement. It's always been that way here. This is nothing new.