Possession charges with intent

midlifeflyer said:
Generally speaking, automobile searches require probable cause but not warrants. That goes back to a prohibition era SCOTUS case in 1925.

"if the search and seizure without a warrant are made upon probable cause, that is, upon a belief, reasonably arising out of circumstances known to the seizing officer, that an automobile or other vehicle contains that which by law is subject to seizure and destruction, the search and seizure are valid." Carroll vs US​

The so-called "motor vehicle exception" to the warrant requirement is based on mobility. The concern was that the car, and the contraband, would be gone before the warrant could be obtained.
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Good clarification on this. Thanks!
 
I certainly could be wrong, but somehow this just doesn’t pass the smell test. 100 grams of cocaine would be a big budge in ones pocket. Just getting it out of pocket while sitting down could not be done discreetly. Plus he reached over and put it under *his* seat??

Who would walk around with that much unless…
1) they were coming from a drug house
2) they were on their way to sell
 
Kritchlow said:
I certainly could be wrong, but somehow this just doesn’t pass the smell test. 100 grams of cocaine would be a big budge in ones pocket. Just getting it out of pocket while sitting down could not be done discreetly. Plus he reached over and put it under *his* seat??

Who would walk around with that much unless…
1) they were coming from a drug house
2) they were on their way to sell
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That is what I was alluding to in my first reply when I said, "I'm guessing that there was a reason the officer wanted to search your car ... "
 
64 million dollar question - did the cousin tell the police "It was mine, he didn't know"? Is it in the police report? I hate to say it, but since you have a hearing coming up AND you were charged, if your cousin did already tell the police that, it isn't getting traction with the DA and the police. Which means they are still coming after you.
 
Daleandee said:
Yep. Learn the phrases, "I do not consent to searches!" and "Am I being detained or am I free to go?" They must have probable cause to detain you. I will also add that maintaining a proper composure under pressure will help you a lot.
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There is a YouTube channel called Audit the Audit where he shares dash cam footage of folks being stopped and knowing their constitutional and state law items, follow what you said. On each one they are very calm and respectful. But you frequently see the LEO starting to get frustrated as the encounter progresses.
 
WDD said:
64 million dollar question - did the cousin tell the police "It was mine, he didn't know"? Is it in the police report? I hate to say it, but since you have a hearing coming up AND you were charged, if your cousin did already tell the police that, it isn't getting traction with the DA and the police. Which means they are still coming after you.
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On the other hand, are their fingerprints on the stash, and if so, whose are they?
 
A pilot with that much cocaine in his car?! Oh, yeah, they're sure you were distributing. Your cousin's word won't mean jack. Get the best lawyer you possibly can.

Have they had dogs sniff your plane yet?
 
Half Fast said:
A pilot with that much cocaine in his car?! Oh, yeah, they're sure you were distributing. Your cousin's word won't mean jack. Get the best lawyer you possibly can.

Have they had dogs sniff your plane yet?
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They might even search the logs to see where the plane has been flying to lately ...
 
Kritchlow said:
I certainly could be wrong, but somehow this just doesn’t pass the smell test. 100 grams of cocaine would be a big budge in ones pocket. Just getting it out of pocket while sitting down could not be done discreetly. Plus he reached over and put it under *his* seat??

Who would walk around with that much unless…
1) they were coming from a drug house
2) they were on their way to sell
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Cousin was in the back seat, cousin’s lady friend was riding shotgun. Could explain how the blow got stashed under the driver’s seat. Driver didn’t see shopping bag full of coke come out from under his cuz’s jacket.
 
Listen to flyingron and midlifeflyer. They're the pros.

My amateur opinion on your reporting requirements... Look at 14 CFR 61.15. The question is whether there was a "cancellation, suspension, or revocation of a license to operate a motor vehicle....while intoxicated by alcohol or a drug while impaired...or while under the influence..."

For DUI (alcohol) most states administratively suspend your license once you fail the breathalyzer. That's reportable because there was an action against your license. I don't know if they do that for drugs. The simple answer is, if you can't drive right now because of a suspended license and the rationale for the suspension was that you were "impaired", "intoxicated", or "under the influence" of a drug then it's reportable. You need to send a "written report" as per 14 CFR 61.15 (e). If they didn't take action on your drivers license, I believe (as SGOTI), that an immediate report is not required.

More important to your professional situation... You also have to consider the stuff under question 18 of the medical application. They ask for arrests or convictions, and I don't see any way you wouldn't have to report this event. Additionally, if you end up going for another type rating you're going to get asked about drugs on the IACRA and it'll come to light.

Unfortunately as Dr. Chien has stated I think the FAA is the least of your problems as that card has been dealt.
 
AggieMike88 said:
There is a YouTube channel called Audit the Audit where he shares dash cam footage of folks being stopped and knowing their constitutional and state law items, follow what you said. On each one they are very calm and respectful. But you frequently see the LEO starting to get frustrated as the encounter progresses.
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I do like that channel, the guy is very thorough and grades each side of the interaction fairly. I've seen plenty where the citizen is loud and obnoxious and the cop is calm and respectful. I like that he doesn't sensationalize his videos.
 
My cousin said he would be willing to testify that the cocaine was his. My lawyer did say this probably will not do any good as it was under my seat and I was driving my car.
 
schmookeeg said:
So if OP was a plane owner, could his plane be subject to civil asset forfeiture?
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You bet. It's been years but... Theoretically, even an airplane operated by a renter could be subject to civil forfeiture. There is an "innocent owner" defense to forfeiture but, if DOJ decides to institute forfeiture proceedings, the burden of proof is on the owner claiming innocence. DOJ has some guidelines on when it decides to bring forfeiture proceedings which includes the value of an aircraft (basically, "it it worth it?") and the likelihood of an owner prevailing on the innocent owner defense.
 
midlifeflyer said:
You bet. It's been years but... Theoretically, even an airplane operated by a renter could be subject to civil forfeiture. There is an "innocent owner" defense to forfeiture but, if DOJ decides to institute forfeiture proceedings, the burden of proof is on the owner claiming innocence. DOJ has some guidelines on when it decides to bring forfeiture proceedings which includes the value of an aircraft (basically, "it it worth it?") and the likelihood of an owner prevailing on the innocent owner defense.
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I'd like to know what the Supreme Court was smoking when they decided that civil forfeiture procedures satisfy the requirements of the due process clause. :mad3:
 
Golfmaster said:
My cousin said he would be willing to testify that the cocaine was his. My lawyer did say this probably will not do any good as it was under my seat and I was driving my car.
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My guess is that everyone involved would expect him to say that ... especially if you are clean and he is not.
 
Kritchlow said:
I certainly could be wrong, but somehow this just doesn’t pass the smell test. 100 grams of cocaine would be a big budge in ones pocket. Just getting it out of pocket while sitting down could not be done discreetly. Plus he reached over and put it under *his* seat??

Who would walk around with that much unless…
1) they were coming from a drug house
2) they were on their way to sell
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I wondered about that, too. Everyone found with drugs in the history of humanity has said it wasn't theirs. And why would the cousin put the coke under the driver's seat? You have to be a serious POS to put a pocketful of drugs under someone else's car seat and sit there and pretend it wasn't yours.
 
mryan75 said:
I wondered about that, too. Everyone found with drugs in the history of humanity has said it wasn't theirs. And why would the cousin put the coke under the driver's seat? You have to be a serious POS to put a pocketful of drugs under someone else's car seat and sit there and pretend it wasn't yours.
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Precisely. Put it under someone else’s seat, then willing to testify that it’s yours..??
 
I'd be curious where it was found under the driver's seat. Was it towards the back of the seat, where it is much more plausibly placed by the back seat passenger, or right up near the front, where the driver could put it? The officer's ability to answer that question is also important (if there is a body cam video, it could help a lot).
 
I imagine the cops will soon be investigating the OP’s charter company as well. No way they’ll just accept the cousin’s word and drop this. The OP won’t have to report this to the FAA because the investigators will contact the FAA anyway.
 
Kritchlow said:
Precisely. Put it under someone else’s seat, then willing to testify that it’s yours..??
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It makes sense to me. Addicts are terrible at judgment and impulse control. Their decisions under pressure are terrible. Other than the addiction they may be the nicest people in the world, but you can't trust them.

The possession laws are terrible, too. Our justice system is supposed to be based on presumed innocence, but those laws subvert that. I can't believe any jury convicts based on them.
 
If you’re sitting behind the driver with a bag of cocaine and the car gets pulled over, of course you’re going to put it under the drivers seat. Nobody is dumb enough to keep it on them and where else are you going to put it? Has nothing to do with trying to pin it on the driver.

Bad situation to be in. Good luck. You’re going to have to convince people you’re a victim.
 
Salty said:
If you’re sitting behind the driver with a bag of cocaine and the car gets pulled over, of course you’re going to put it under the drivers seat. Nobody is dumb enough to keep it on them and where else are you going to put it? Has nothing to do with trying to pin it on the driver.

Bad situation to be in. Good luck. You’re going to have to convince people you’re a victim.
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Wouldn’t you put it under your own seat?
Wouldn’t the driver notice him putting it under his seat?

Im assuming he was in the front passenger seat.
 
Kritchlow said:
Wouldn’t you put it under your own seat?
Wouldn’t the driver notice him putting it under his seat?

Im assuming he was in the front passenger seat.
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Salty said:
If you’re sitting behind the driver
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I’m assuming he was in the back seat. I thought I’d read that in the thread but I’m not finding it now.

It makes no sense for the driver to allow the guy to put it under his seat if he were in the front passenger seat. If he did, then he’s in real trouble. Nobody on a jury is going to buy that story.
 
Driver -> driver seat
Girlfriend -> front passenger seat
Drug dealer -> left rear passenger seat

Many passenger cars don’t have space under the rear seats to stash drugs. Hoping that the cops will just take a quick look in the car and maybe shine a flashlight at the passengers, the backseat dealer stuffed the bump under the pilot’s seat, because that’s the only place to stuff a grip of rail when you’re ridin’ limo.
 
Salty said:
I’m assuming he was in the back seat. I thought I’d read that in the thread but I’m not finding it now.

It makes no sense for the driver to allow the guy to put it under his seat if he were in the front passenger seat. If he did, then he’s in real trouble. Nobody on a jury is going to buy that story.
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Agreed. If he was in the back, as a previous poster sa
Lachlan said:
Driver -> driver seat
Girlfriend -> front passenger seat
Drug dealer -> left rear passenger seat

Many passenger cars don’t have space under the rear seats to stash drugs. Hoping that the cops will just take a quick look in the car and maybe shine a flashlight at the passengers, the backseat dealer stuffed the bump under the pilot’s seat, because that’s the only place to stuff a grip of rail when you’re ridin’ limo.
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Is that seating arrangement your theory, or fact from the OP ?

I admit, if they stashed it under the drivers seat, that certainly would explain a lot.
 
Kritchlow said:
Agreed. If he was in the back, as a previous poster sa

Is that seating arrangement your theory, or fact from the OP ?

I admit, if they stashed it under the drivers seat, that certainly would explain a lot.
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You made an assumption in post #71. I simply presented a more conceivable scenario. As for facts, post #1 was pretty sparsely populated with them, but the subsequent responses that indicated the OP was headed for serious trouble were likely based on fact. ;)
 
If the cousin was so quick to stand up and claim “the dope is mine!”, then why didn’t he just keep it in his pocket instead of stuffing it under the drivers seat? A 1/4 pound is not the much weight/volume to keep in a pocket. I assume he was wearing a jacket with the dope inside a pocket before he entered the car since nobody runs around with a quarter pound of cocaine in their hand. Another good question that was not answered was if the bag of dope was stuffed in the forward or aft part of the driver’s seat. Also, what is the girlfriend saying about all this? She may be asked to testify whether she saw her boyfriend stuff the dope under the driver’s seat. These are the type of questions that will be presented for the jury to consider.
 
bflynn said:
The immediate concern - if your license was suspended, even for just a few hours, you have to report that to the FAA under 61.15 - certified mail, return receipt if you have to. Otherwise, there's nothing to do with the FAA for now.

After that, fight the charge. Best of luck.
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Wow, so many posts to dig through to find an answer to the OP's question. No immediate report is required but you'll have to report the arrest on your next medical. So get the charges dismissed before then. Source: https://www.faa.gov/about/office_or...sh/ash_programs/investigations/airmen_duidwi/
 
Brad Smith said:
If the cousin was so quick to stand up and claim “the dope is mine!”, then why didn’t he just keep it in his pocket instead of stuffing it under the drivers seat? A 1/4 pound is not the much weight/volume to keep in a pocket. I assume he was wearing a jacket with the dope inside a pocket before he entered the car since nobody runs around with a quarter pound of cocaine in their hand. Another good question that was not answered was if the bag of dope was stuffed in the forward or aft part of the driver’s seat. Also, what is the girlfriend saying about all this? She may be asked to testify whether she saw her boyfriend stuff the dope under the driver’s seat. These are the type of questions that will be presented for the jury to consider.
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Because he knows that it's a lot easier for the cops to remove him from the vehicle and pat him down without consent than to search the car without consent.
 
Brad Smith said:
If the cousin was so quick to stand up and claim “the dope is mine!”, then why didn’t he just keep it in his pocket
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That may (or may not) be part of the OP's problem about not knowing. Kinda depends on what the cousin was wearing, no? This is about the size of it.

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