Can anyone help me with case law in Montana regarding guilty by association. My brother was recently caught when his friends car got pulled over. In the car was several drug paraphernalia and marijuana under 60gm. Both occupants in the car were charged with possession. However no paraphernalia or drugs were found on my brother. Basically is there any defense to guilty by association in the state of Montana. I know of Carr v. Commonwealth, 481 S.W.2d 91 (Ky. 1972), but that is in Kentucky. Any help?

Hello G:

I don't know if that would be where I'd be looking. Besides, I don't know why YOU'RE doing the looking. Certainly he HAS an attorney.

Nonetheless, without knowing the details of the bust (and the details DO matter), I'd say his best defense would one that embraced an illegal search.

excon

Can anyone help me with case law in Montana regarding guilty by association. My brother was recently caught when his friends car got pulled over. In the car was several drug paraphernalia and marijuana under 60gm. Both occupants in the car were charged with possession. However no paraphernalia or drugs were found on my brother. Basically is there any defense to guilty by association in the state of Montana. I know of Carr v. Commonwealth, 481 S.W.2d 91 (Ky. 1972), but that is in Kentucky. Any help?

I don't quite know what you mean by "guilt by association". Is the state charging that your brother is guilty of something merely because he was in his friends' car? I don't think so. My guess is that the theory goes something like this: He was in the car. Drugs, etc. were in the car. Chances are that the drugs were in the joint (no pun intended) possession of everyone in the car.

A defense that the contraband was not his and that he knew nothing about it would depend more upon common-sense credibility of witnesses than upon precedent (case law).

If the state law there allows it, then yes it is a valid charge, Here in GA, it is, if there are drugs or drug items anywhere in the car ( even in one persons pocket) they all can be charged, here in GA, if 4 people are together in the park, and one has drugs, they all can be charged.

Normally they can plead it down, or hire an attorney and try to attack the chain of evidence on the drug or the drug testing