Texans rookie.... not a good start

[oktx]

In.

[tvc184]

TVC...If the passenger was actually in possession of the illegal substance, can they still site the owner of the vehicle??

This part of the article seems odd unless I'm not understanding the laws.

In my opinion, yes.

Possession by definition in the PC is care, custody, control or management. If it is in his car, he is in control or custody of it.

If he has possession of any illegal item or substance (or comitting any other crime than a traffic citation) the handgun becomes an illegally possesed weapon so we get the UCW charge also.

The article really didn’t say that it was his vehicle but did say that the marijuana was found in each. If some was found in his vehicle, he is likely guilty under TX law of both charges. That doesn’t mean the DA will take charges but by the way the article describes it, it was a lawful arrest. If he was only walking by or the vehicle was not his, etc., the charges will probably be dismissed. The arrest would still be lawful in my opinion under probable cause but no proof beyond a reasonable doubt would not likely be proven.

As far as a probable cause arrest, the standard for court would be, what would a reasonable person believe if faced with the same facts and knowledge known by the officers at that moment. In this case according to the news, the police got a call of the smell of marijuana coming from the vehicles. That leads me to believe that it was being smoked and someone passed by and reported it. The police show up, find a few guys standing around and find the marijuana in each vehicle. They aren’t charged with smoking it but only possessing it. If it is being smoked and is in your car, that you are standing next to, what would a reasonable person believe?

[Traildust]

Meanwhile....

Zeke Elliott beats women.

Wasn't arrested, charges never filed, witnesses back up Ellicott's story

But don't t let facts get in the way. .....

[asttbe]

Meanwhile

OJ is up for parole.

[d_e_smith]

In my opinion, yes.

Possession by definition in the PC is care, custody, control or management. If it is in his car, he is in control or custody of it.

If he has possession of any illegal item or substance (or comitting any other crime than a traffic citation) the handgun becomes an illegally possesed weapon so we get the UCW charge also.

The article really didn’t say that it was his vehicle but did say that the marijuana was found in each. If some was found in his vehicle, he is likely guilty under TX law of both charges. That doesn’t mean the DA will take charges but by the way the article describes it, it was a lawful arrest. If he was only walking by or the vehicle was not his, etc., the charges will probably be dismissed. The arrest would still be lawful in my opinion under probable cause but no proof beyond a reasonable doubt would not likely be proven.

As far as a probable cause arrest, the standard for court would be, what would a reasonable person believe if faced with the same facts and knowledge known by the officers at that moment. In this case according to the news, the police got a call of the smell of marijuana coming from the vehicles. That leads me to believe that it was being smoked and someone passed by and reported it. The police show up, find a few guys standing around and find the marijuana in each vehicle. They aren’t charged with smoking it but only possessing it. If it is being smoked and is in your car, that you are standing next to, what would a reasonable person believe?

I reasonably couldn't see him dishonoring the 5 core values like that or he'd have never lasted on the UT squad.

[12RingKing]

Wasn't arrested, charges never filed, witnesses back up Ellicott's story

But don't t let facts get in the way. .....

Roger Goodell is tripping over those facts.

[Traildust]

You and Rog have a lot in common

[12RingKing]

You and Rog have a lot in common

I wish our bank accounts had a lot in common

[dustoffer]

Wonder what Johnny Football is up to?

[tvc184]

Wonder what Johnny Football is up to?

Something other than football.

[MacDaddy67]

Weed from someone who went to UT- NO WAY

I have hopes for him with the Texans, hopefully he can leave that posse behind

[kumathebear]

Wasn't arrested, charges never filed, witnesses back up Ellicott's story

But don't t let facts get in the way. .....

LOL, yep...previous comment that inspired yours...could be a Cowboy Hater! But the NFL is going to suspend him I would bet...their "Holier than thou" stand on "basically anything that makes the news."

One thing is certain...put a million + $$ in their bank, combine it with youth, then throw in "certain" one's poor upbringing and ALL the fame...well, there are those who are not mature enough to handle it all at once. Shame that they get to do what so many just end up dreaming about and BLOW IT!

[be12hunt]

Hopefully he can learn from this and make the right choices moving forward.

[Traildust]

LOL, yep...previous comment that inspired yours...could be a Cowboy Hater! But the NFL is going to suspend him I would bet...their "Holier than thou" stand on "basically anything that makes the news."

One thing is certain...put a million + $$ in their bank, combine it with youth, then throw in "certain" one's poor upbringing and ALL the fame...well, there are those who are not mature enough to handle it all at once. Shame that they get to do what so many just end up dreaming about and BLOW IT!

He's not a Cowboy hater, he's still upset the they let Michael Sam go

[Hart8]

Half the people I know carry legal firearms,and smoke weed.

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