Paraphernalia Charge in Illinois?

Question by themightyspoon: paraphernalia charge in Illinois?
Me and my friend are parked in a car, her car, Literally just got to our destination; the park. windows up. no smoke. cop just comes out of nowhere and commands us to roll down the windows, he suspects were smoking marijuana. so he he searches us. he find paraphernalia, BY me in the car (her car), but not on my person (even though it was mine), so i get arrested for paraphernalia. My friend, had paraphernalia AND pot that was found in her purse, i was unaware of this. now, if in court, can i get away with and say my paraphernalia was actually hers since it was in her car, and not on my person, will she get two charges of paraphernalia? will it make it worse for her? or will they just put it in the same charge she already has? i know it sounds shitty, not trying to be an ass, but if its not going to effect her and shes screwed anyway why cant one of us get out of it?

p.s.
since you have the right to remain silent, when a cop is asking things, what things do you HAVE to answer?

p.s.s
if he dosent read your miranda rights, does that mean anything?

Best answer:

Answer by David
He can’t search you without probable cause. But if he smelled smoke then he could have. That is probably what he said. Generally, paraphernalia found in a car is assumed to be in the control of any occupant. That is called constructive possession. Your argument isn’t going to fly probably.

You don’t HAVE to say anything. If he doesn’t read your Miranda rights after you are arrested, then anything you say is inadmissible but it doesn’t make the arrest bad.

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