Drugs find in a car - If no one owns up, is it the drivers problem?

mr_happy

I recently gave a lift to friends of friends. On exit one of them said oh theres my stash picking up a very small bag from the foot area in the back. Im thinking that he stashed it on purpose there in case we were stopped so he could claim it wasnt his.

So presuming me the driver has no drugs in their system and has no previous, is it possible that because its my car its my problem? Could I be charged?

If so Im going to be very wary of giving anyone that even smokes hash a lift anywhere.

Amirani

After your drug test turns up positive mr_happy then they'll probably assume it's yours.

El Weirdo

If I found drugs in my car I certainly wouldn't consider it a problem.

Balfie

if ya are stopped, and no one admits to it everyone is arrested until someone owns up.. If its in the footwell of the driver seat then its not lookin good, but just cause its your car doesn't mean its your drugs.

im invisible

I think its a case of 'finders keepers' OP.

opti76

Occupiers etc. permitting certain activities to take place on land, vehicle or vessel to be guilty of an offence.

19.—(1) A person who is the occupier or is in control or is concerned in the management of any land, vehicle or vessel and who knowingly permits or suffers any of the following to take place on the land, vehicle or vessel, namely—

(a) the cultivation contrary to section 17 of this Act of opium poppy or any plant of the genus Cannabis,

(b) the preparation of opium for smoking,

(c) the preparation of cannabis for smoking,

(d) the smoking of cannabis, cannabis resin or prepared opium,

(e) the manufacture, production or preparation of a controlled drug in contravention of regulations made under section 5 of this Act,

(f) the importation or exportation of a controlled drug in contravention of such regulations,

(g) the sale, supply or distribution of a controlled drug in contravention of such regulations,

(h) any attempt so to contravene such regulations, or

(i) the possession of a controlled drug in contravention of section 3 of this Act,

shall be guilty of an offence.

(2) In any proceedings for an offence under subsection (1) of this section, where it is proved that an activity or contravention mentioned in the said subsection (1) took place on particular land or on a particular vehicle or vessel and that the defendant was, at the time of the alleged offence, the occupier of, or in control or concerned in the management of the land, vehicle or vessel, as the case may be, it shall be presumed until the court is satisfied to the contrary that the activity or contravention took place with the knowledge of the defendant.

Thrill

it shall be presumed until the court is satisfied to the contrary that the activity or contravention took place with the knowledge of the defendant.

Reads like you're guilty until proven innocent.

OP, you'll have to pat down all your friends friends before giving them a lift from now on.

madma

ah sure if it was a bitta hash ye would be grand.

Yakult

If it is hidden or just within the car, you will be held accountable for it.
Unless someone owns up to it obviously.

btw, you should stop driving around druggy "friends of friends", only bringing on trouble to yourself. Speaking from experience and they also sound like pricks if they are willing to let you take the blame.

mikom

https://www.youtube.com/watch?v=b8CmvbZBM8Y

charlemont

If your in Dublin and its only a small bit of Hash/Weed you should be fine but play dumb and just tell them someone left it there and give a made up name, If your in the countryside be prepared for it to be treated more seriously (easy work for Gardaí in a quiet place), Look I know someone put up a post regarding the laws attached to drug use in your vehicle but in reality nothing will come of it unless you have a boot full of drugs.

Another thing to be wary about is even if nothing happens your cars registration will more than likely end up on PULSE, So as a "car of interest" you will be stopped regularly.

giles lynchwood

The district court judge in Waterford has a policy of suspending the license of the driver of a car found to contain drug´s,no matter how small the amount.

minidazzler

Your car is your own private property, unless something is visible or otherwise obviously in contravention of some law, the guards can't search it. If they ask to, simply say no.

Victor

El Weirdo wrote: »

If I found drugs in my car I certainly wouldn't consider it a problem.

Be very careful if you think your car is taking drugs.

giles lynchwood

minidazzler wrote: »

Your car is your own private property, unless something is visible or otherwise obviously in contravention of some law, the guards can't search it. If they ask to, simply say no.

The Gardai can search you under the misuse if drug´s act,you can insist that you are brought to a station for the search,you cannot refuse to be searched.AFAIK,the gardai must get a search warrent to search your car if you refuse their request.

minidazzler

giles lynchwood wrote: »

The Gardai can search you under the misuse if drug´s act,you can insist that you are brought to a station for the search,you cannot refuse to be searched.AFAIK,the gardai must get a search warrent to search your car if you refuse their request.

They need to have reasonable suspicion AFAIK. To be honest, I don't care how much it would hassle me, I'm not carrying anything but I'll still refuse to be searched.

Turner

The Gardai don't need a warrant to search you or your car.

And you have no say in where or how the search is carried out.

MagicMarker

minidazzler wrote: »

They need to have reasonable suspicion AFAIK. To be honest, I don't care how much it would hassle me, I'm not carrying anything but I'll still refuse to be searched.

Refusing to be searched is probably suspicion enough to get a warrant in fairness.

simonmln

I live in Holland, and was driving back from Germany yesterday. 2 german policeman pulled me over, gave me a drug test on the side of the road, searched my car, because ''I was young, and driving a dutch car, so was probably doing drugs.'' Hadnt smoked in ages, so was fine, but was ****ting it.

MagicSean

These threads are great. So many laws get made up based on what people see on tv.

El Weirdo

Victor wrote: »

Be very careful if you think your car is taking drugs.

It's alright, it only does a bit of speed every now and then.

giles lynchwood

Turner wrote: »

The Gardai don't need a warrant to search you or your car.

And you have no say in where or how the search is carried out.

You are so wrong,under the MDA if you are stopped in public you can insist that the search be carried out in the station and the Gardai must comply and my friend that is the law.

Sunnyisland

giles lynchwood wrote: »

You are so wrong,under the MDA if you are stopped in public you can insist that the search be carried out in the station and the Gardai must comply and my friend that is the law.

Maybe but they will have your car under there :responsibility: until then and as most people who are stopped have nothing to hide they just let them get on with it, either way your fcuked if there is anything illegal there.

MagicSean

giles lynchwood wrote: »

You are so wrong,under the MDA if you are stopped in public you can insist that the search be carried out in the station and the Gardai must comply and my friend that is the law.

You're kind of right. The Garda can search you on the side of the road if he wants but you can refuse to cooperate. In that case you will be arrested and brought to the station for a search. But you will still be preliminarily searched to ensure you have nothing on you such as weapons.

Turner

giles lynchwood wrote: »

You are so wrong,under the MDA if you are stopped in public you can insist that the search be carried out in the station and the Gardai must comply and my friend that is the law.

I am afraid my friend you are the one that is "so wrong".

The relevant law is contrary to section 23 of the misuse of drugs act 1977/84.

Under no circumstances are the Gardai required by law to comply with any of your requests.

Mike 1972

simonmln wrote: »

''I was young, and driving a dutch car, so was probably doing drugs.''.

Was it a rental car ?

giles lynchwood wrote: »

The district court judge in Waterford has a policy of suspending the license of the driver of a car found to contain drug´s,no matter how small the amount.

Are they actually supposed to be able to do that ?

While this kind of fuktardery is pretty common stateside I was under the impression that on this side of the Atlantic one could only have their driving license suspended for offenses actually related to....you know.....driving ?

Wertz

minidazzler wrote: »

Your car is your own private property, unless something is visible or otherwise obviously in contravention of some law, the guards can't search it. If they ask to, simply say no.

Catch all/cover all: "there was a strange smell" or "the occupants were acting suspiciously your grace" is basically licence to search as they see fit and is next to impossible to disprove...if drugs are found during subsequent search, the validity of the search won't be called into question...if such a search turns up nothing 99% of people go on their way, relieved that there was nothing untoward found.

Say no and they'll make things awkward for you...saying no usually means you've something to hide and if you haven't saying no is counter productive.
You don't have rights in this country where the suspicion of drugs is involved...for f*ck sake, they can hold you for 7 days without charge on an offence involving drugs...they can only hold you 24+24 for murder/rape/serious assault.

MagicSean

Mike 1972 wrote: »

Was it a rental car ?



Are they actually supposed to be able to do that ?

While this kind of fuktardery is pretty common stateside I was under the impression that on this side of the Atlantic one could only have their driving license suspended for offenses actually related to....you know.....driving ?

Yes, it is often done in cases were a car has been used in the commission of a crime, not just drugs cases.

charlemont

Wertz wrote: »

Catch all/cover all: "there was a strange smell" or "the occupants were acting suspiciously your grace" is basically licence to search as they see fit and is next to impossible to disprove...if drugs are found during subsequent search, the validity of the search won't be called into question...if such a search turns up nothing 99% of people go on their way, relieved that there was nothing untoward found.

Say no and they'll make things awkward for you...saying no usually means you've something to hide and if you haven't saying no is counter productive.
You don't have rights in this country where the suspicion of drugs is involved...for f*ck sake, they can hold you for 7 days without charge on an offence involving drugs...they can only hold you 24+24 for murder/rape/serious assault.

Drugs are used as an excuse here, If drugs were legal in the morning loads of Gardaí wouldn't know what to do with themselves. The money that is wasted on stopping people smoking Weed/Hash* would be better spent on a proper police force that would actually solve burglary's, shop raids etc. Ireland is such a small country its bloody well easy enough to find out who is doing what..

I was snooping on Bebo earlier on a Limerick gang page and I was reading the list of rights regarding person/car searches and the the idiots who made the page actually used information relating to the U.S !!


*Vast majority of drug seizures both personal and for sale or supply involve Hash/Weed.

Mike 1972

MagicSean wrote: »

Yes, it is often done in cases were a car has been used in the commission of a crime, not just drugs cases.

Holy shyte.

Next time I take a book back to the library two days overdue I must remember to take the bus ?

MagicSean

charlemont wrote: »

Drugs are used as an excuse here, If drugs were legal in the morning loads of Gardaí wouldn't know what to do with themselves. The money that is wasted on stopping people smoking Weed/Hash* would be better spent on a proper police force that would actually solve burglary's, shop raids etc. Ireland is such a small country its bloody well easy enough to find out who is doing what..

I was snooping on Bebo earlier on a Limerick gang page and I was reading the list of rights regarding person/car searches and the the idiots who made the page actually used information relating to the U.S !!


*Vast majority of drug seizures both personal and for sale or supply involve Hash/Weed.

The majority of Gardaí do not spend their time dealing with drugs. Drugs incidents probably take up about 1% of regular Garda time. Stop talking bull****.

MagicSean

Mike 1972 wrote: »

Holy shyte.

Next time I take a book back to the library two days overdue I must remember to take the bus ?

Is a late library book a crime?

Mike 1972

MagicSean wrote: »

Is a late library book a crime?

Probably if only in the sense and to the extent that having a pi$$y amount of hash in ones vehicle is.

MagicSean wrote: »

The majority of Gardaí do not spend their time dealing with drugs.

Id like to think so

dinneenp

Maybe he was hiding it in the OFF CHANCE ye were stopped and a quick person search was done. IF they did a full car search and found it maybe he'd own up.

talla10

minidazzler wrote: »

Your car is your own private property, unless something is visible or otherwise obviously in contravention of some law, the guards can't search it. If they ask to, simply say no.

giles lynchwood wrote: »

The Gardai can search you under the misuse if drug´s act,you can insist that you are brought to a station for the search,you cannot refuse to be searched.AFAIK,the gardai must get a search warrent to search your car if you refuse their request.

giles lynchwood wrote: »

You are so wrong,under the MDA if you are stopped in public you can insist that the search be carried out in the station and the Gardai must comply and my friend that is the law.

Wertz wrote: »

You don't have rights in this country where the suspicion of drugs is involved...for f*ck sake, they can hold you for 7 days without charge on an offence involving drugs...they can only hold you 24+24 for murder/rape/serious assault.

Loving all the made up law. If a guard hasen't got his cap on he can't arrest you and if you ask for his cap to take a sh1te in he has to give it to you...

charlemont

MagicSean wrote: »

The majority of Gardaí do not spend their time dealing with drugs. Drugs incidents probably take up about 1% of regular Garda time. Stop talking bull****.

I never said the majority did that's just you twisting my words which is what people do when the don't like what I'v written...


http://www.irishtimes.com/newspaper/ireland/2011/0201/1224288694645.html


20,002 That's a lot of drug cases for 1% but I can't argue with you on it as I see 54,687 for Public Order offences, That's a shocking amount for a small country. I'm surprised at that.

Wertz

talla10 wrote: »

Loving all the made up law. If a guard hasen't got his cap on he can't arrest you and if you ask for his cap to take a sh1te in he has to give it to you...

You quoted me...pray tell what bit of what I've posted is incorrect?

Offenders arrested under drug trafficking legsilation from 1997 onward can be held without charge or court extension for a period up to 7 days. Prove me wrong.

ItsAWindUp

Your friend sounds like a prick