New article says there were 4 in the car. Half a gram of weed found. (hardly high flyers) No one claimed ownership. Possessing the gun didn't break the law, so nothing suggested a further search. No evidence they released would suggest they would consent to search.
There were no justifiable grounds for prosecution under any evidence rule that exist.
"Police said 'a strong odor of marijuana' was detected from a vehicle occupied by Robinson and Jones in the parking lot of a park. A bag of marijuana (reportedly containing less than a gram) was found 'in plain view.' Jones had a handgun on his lap while Robinson had a stolen firearm under his seat."
Taken from
DA declines to prosecute Alabama's Cam Robinson, Hootie Jones | Dr. Saturday - Yahoo Sports
If there is any question about lack of probable cause, the "strong odor of marijuana" is probably cause for a search. Couple that with the four of them sitting in a car together at a closed park.... yea, what do you think they were doing? Bible study?
You're right, possessing a lawfully obtained gun would not break the law. However, possession of a stolen firearm, like the one under Robinson's seat, is a felony.
I'm just curious, is it your understanding that if illegal items are found in a car with 4 people and no one lays claim to the illegal items (shocker), then everyone is released without charges?
**EDIT** There is also this,
"E.
If the offender uses, possesses, or has under his immediate control any firearm, or other instrumentality customarily used or intended for probable use as a dangerous weapon, while committing or attempting to commit a crime of violence
or while in the possession of or during the sale or distribution of
a controlled dangerous substance, the offender shall be fined not more than ten thousand dollars and imprisoned at hard labor for
not less than five nor more than ten years without the benefit of probation, parole, or suspension of sentence." -La. Rev. Stat. Ann. § 14:95
That's a five year minimum...a big boy felony. Could I see this being dropped for .5 grams of MJ? Sure. But its still on the table and bargaining power for the DA to get a plea. Should all of the charges have been dropped? Probably not.