Drug Crimes, Substance Abuse Marijuana possesion with POSSIBLE intent to traffic charges for minor?

[small]

My boyfriend was in his car with three of his friends around 11pm last night. They pulled over in a secluded parking lot because they got lost and were trying to enter information into the GPS system.

Apparently this parking lot was on private property and a cop came and started questioning them. None of them were high or smoking marijuana and my boyfriend believed that none of them had any marijuana in their possession so he told the cop, with confidence, that they weren't doing anything wrong. But the cop persisted and started trying to search my boyfriend's car (without a warrant?), apparently after finding one empty dime bag.

To my boyfriend's surprise, under the seat he found around 30 grams of marijuana and a scale. I know that this amount and a scale make it possible for the charge of trafficking not just possession.
These things belonged to one of my boyfriend's friends, who already has a criminal record for marijuana possession and trafficking. My boyfriend, on the other hand, has no criminal record whatsoever, for anything, BUT since the marijuana was found in his car (not his friend's bag), he is worried that the charges are going to be pinned on him.

I am worried that his friend is not going to admit that the drugs were his and my boyfriend is going to get wrongfully charged for being in the wrong place at the wrong time. All four of them are going to have to go to court and his hearing is on the 26th of October.
Also, they are all under 18 and we live in Canada so I'm not sure what impact this would have on the case. There were no witnesses but the three of them who had no marijuana could possibly all testify against the one who did? If they all said it was his would they get off with no charges?

Any help or advice on his rights and possible options would be greatly appreciated!

 

[army judge]

Your boyfriend requires the services of an attorney.

He can hire his own, or request one be appointed to represent him.

In the interim, he should keep mum about this, as should you.

You only know what's been told to you.

He must avoid the company of all others involved. If he were smart, he should avoid their company forever.

People want to talk too much.
The story about a secluded parking lot to use a GPS is nonsense.

That's the main reason people shouldn't talk.

Clam up like a bi-valve and let the government prove what they've alleged.

Lies are easily recognized. So, too, is the truth.

He needs to plead not guilty and stop talking. He isn't required to explain anything. But, see what happens when he does?

 

[mightymoose]

It's your boyfriend's car. He is responsible for everything in it, including the marijuana hidden under the seat.

Whether or not the search of the vehicle was lawful will have to be decided in court. I would bet that he gave consent to search, and if so, it is his marijuana now.

 

[small]

No he didn't actually give consent to the search. The cop just opened the driver side door and said that he apparently found an empty dime bag... I'm not sure if that is true or not obviously because I was not there but he still opened the car door without any consent or reason.

My boyfriend found a lawyer and they are going to fight that it was an illegal search and seizure. But even if they win that, the charges won't just be dropped for the drug possession, will they?

 

[army judge]

If the lawyer defeats the search, the fruits of the search can't be used against your BF.

He might beat it all.

 

[mightymoose]

He probably consented without realizing he did so. It happens all the time.

As said above, if the search is defeated, everything goes away.