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Jeremy C. Gelb

Jeremy Gelb’s Answers

4 total

  • Can someone get charged with possesion of a weapon when the registered owner of the weapon's identification is found with?

    The weapon was found in the center console of a vehicle with the registered owners identification as well. Can the driver of the vehicle get charged for that weapon?

    Jeremy’s Answer

    The issue is whether or not the driver can be said to have been in possession of the weapon, and that determination depends on what other evidence, if any, will be admitted at trial. For example, was the driver the only person in the vehicle or were other persons who may have had access to the weapon also in the vehicle? Even if the driver was not in actual possession of the weapon (since the gun was in the console of the car and not on his person), he could nevertheless be charged with possession on the theory that he was in constructive possession of the gun, that is, he knew the weapon was in the car and he had the ability to control it. That the gun may have been owned by someone else does not resolve the issue of whether the driver possessed it. I recommend that an experienced defense lawyer evaluate all of the factual circumstances beginning with the stop of the vehicle until the weapon was recovered by police before formulating a defense.

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  • What type of search can police do of a vehicle without a warrant?

    Police stopped a vehicle that had two suspects of armed robbery based off of the victims describtion. After detaining the suspects the officers searched the vehicle without consent of the driver or the owner of the vehicle. The officers stated th...

    Jeremy’s Answer

    Whether or not the search of the car was permissible absent a warrant depends upon several factors. First, the specificity of the description of the suspects and the automobile is important; the more detail concerning the underlying circumstances of the robbery, the more likely a court would find stop of the car permissible. Second, assuming the stop was legal, more than likely a court would permit a search of the inside passenger compartment of the car, whether or not the driver or the owner gave consent. Assuming that proceeds of the robbery and the weapon were found pursuant to such a search of the interior of the car, it is likely that the evidence would be admissible. Having said all of that, I recommend that the persons arrested consult with an experienced criminal defense lawyer once police reports, including accounts of the search, are provided in discovery. Search and seizure issues are very fact-specific, and therefore, the legality or illegality of police conduct may depend upon the unique factual circumstances that resulted in the initial stop and resulting search and seizures.

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  • What type of search can police do of a vehicle without a warrant?

    Police stopped a vehicle that had two suspects of armed robbery based off of the victims describtion. After detaining the suspects the officers searched the vehicle without consent of the driver or the owner of the vehicle. The officers stated th...

    Jeremy’s Answer

    Whether or not the search of the car was permissible absent a warrant depends upon several factors. First, the specificity of the description of the suspects and the automobile is important; the more detail concerning the underlying circumstances of the robbery, the more likely a court would find stop of the car permissible. Second, assuming the stop was legal, more than likely a court would permit a search of the inside passenger compartment of the car, whether or not the driver or the owner gave consent. Assuming that proceeds of the robbery and the weapon were found pursuant to such a search of the interior of the car, it is likely that the evidence would be admissible. Having said all of that, I recommend that the persons arrested consult with an experienced criminal defense lawyer once police reports, including accounts of the search, are provided in discovery. Search and seizure issues are very fact-specific, and therefore, the legality or illegality of police conduct may depend upon the unique factual circumstances that resulted in the initial stop and resulting search and seizures.

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  • I was caught with about a gram of marijuana

    i'm from pittsburgh pa and i was on my way to a party in west virginia i was pulled over in hancock county wv "failure to dim my high beams" the officer came to my window and imidiatly asked me to step out of the vehicle he gave me started to give...

    Jeremy’s Answer

    I assume from your question that you were arrested and charged with possessing a small amount of marijuana. I recommend that you retain a lawyer, or ask that counsel be appointed for you if you cannot afford a lawyer, to determine if there is a basis to file a motion to suppress the marijuana discovered inside the car. The case law is complicated, and the outcome often turns on the specific facts involved, but you should ask a lawyer to review the police reports to determine whether there was reasonable suspicion to justify a warrantless search of the car's interior, even assuming the initial stop of your vehicle was valid. Good luck!

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