More than once last week, I observed cases in the District Court in which the Defendant was charged with Possession of a Controlled Substance.  These cases, in many instances were based on admissions by the Defendant.

If you find yourself in a situation  where Mobile’s Finest find drugs or other contraband in the vehicle with you, but not on your body or in your hand, avoid the urge to claim the illegal items as your own.  It may feel noble at the time, but it has been my experience that everyone in the car gets charged anyway, so your confession doesn’t really amount to “taking one for the team;” it just makes prosecuting you a little easier.

Then, there was the case where a Mobile City Police Officer charged an elderly man with possessing a single Lortab, found under the man’s seat.  It felt like a colossal waste of time and taxpayer money.  The evidence showed that the man’s companion, who did have a prescription for the drug, had used the vehicle the day before.  Yet, for some reason, the officer and the DA went forward with charging this man.  Why?  Where were these cops when drug deals were openly going on next door to me on Catherine Street a few years ago?  It was like pulling teeth to get them to show up, and when they did, there was always a song and dance about why they could not take action.

Back off my soapbox, the best course of action is not to travel in vehicles with folks who regularly transport illegal substances.  However, the second best course of action, when the police officer is telling you how easy he’s going to be on you if you’ll just come clean and admit that whatever he’s found is yours, don’t take the bait.  If he knew it was yours, he would not be asking for a confession.  Ask for an attorney and keep your mouth shut.

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