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quote:

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Originally posted by anothercommuter
[br]Just wanted to say this even though it doesn't pertain to the vandalism postings, NOW THIS IS IMPORTANT!!!, IF SOMEONE REALLY REALLY REALLY WANTS TO DO DAMAGE TO SOMEONE THE SLUG COULD ALWAYS PLACE A GUN OR NARCOTICS IN YOUR CAR(assuming nobody sees him/her). IF YOU GET PULLED OVER AND THE POLICE SEE IT YOU'RE DONE FOR BECAUSE REGARDLESS OF WHOSE CAR IT IS OR WHO WAS IN THE CAR THE BOTTOMLINE IS YOU WERE BEHIND THE WHEEL WHICH MEANS YOU ACCEPT FULL RESPONSIBILITY OF THAT VEHICLE.

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Sure the police would have probable cause to arrest, but at trial it must be proven that you knew about the contraband. Here's the jury instruction:

POSSESSION -- DEFINED

There are two kinds of possession: actual and constructive. A person has actual possession of something if s/he has direct physical control over it. [[S/He has constructive possession of something when s/he does not have direct physical control over it, but knowingly has both the power and the intent at a given time to control it], [either by himself/herself or through another person].]
[Possession may be shared with one or more people.]
Mere presence near something or mere knowledge of its location is not enough to show possession. To prove possession, the government must prove beyond a reasonable doubt that the defendant had actual or constructive possession of the ________________, [alone or with someone else].

stewart, I understand his rudeness because he's PO'd. I would definitely be PO'd if it happened to me and maybe not realize that I came across rudely to others. I can see myself making false threats (got a gun) because it might just scare the pants off the perpetrator.

POedDriver, Do you recall if this guy said thanks or have a nice day when he left the car? Did he say anything to you at all or did you say anything to him? Is there a way you can prove it was the person you described? Are you getting fingerprints taken?

Goober

What? Whoa, off-topic rant. Yikes. How is "very true" different from "true," anyway?
Please disengage your Caps Lock key, too. Gracias.

Just wanted to say this even though it doesn't pertain to the vandalism postings, NOW THIS IS IMPORTANT!!!, IF SOMEONE REALLY REALLY REALLY WANTS TO DO DAMAGE TO SOMEONE THE SLUG COULD ALWAYS PLACE A GUN OR NARCOTICS IN YOUR CAR(assuming nobody sees him/her). IF YOU GET PULLED OVER AND THE POLICE SEE IT YOU'RE DONE FOR BECAUSE REGARDLESS OF WHOSE CAR IT IS OR WHO WAS IN THE CAR THE BOTTOMLINE IS YOU WERE BEHIND THE WHEEL WHICH MEANS YOU ACCEPT FULL RESPONSIBILITY OF THAT VEHICLE.

THIS IS A VERY TRUE STATEMENT. CHECK WITH THE POLICE THEY WILL VERIFY IT.

I'd still be irate!

NoSb

SOV because you can, HOV because you care!