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Jailed for hidden compartment in Vehicle?


Tomcat0403

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looks like it might only be a felony if you've been convicted of drug trafficking before...

2923.241 Hidden compartments in vehicles.

(A) As used in this section:

(1) “Controlled substance” has the same meaning as in section 3719.01 of the Revised Code.

(2) “Hidden compartment” means a container, space, or enclosure that conceals, hides, or otherwise prevents the discovery of the contents of the container, space, or enclosure. “Hidden compartment” includes, but is not limited to, any of the following:

(a) False, altered, or modified fuel tanks;

(b) Any original factory equipment on a vehicle that has been modified to conceal, hide, or prevent the discovery of the modified equipment’s contents;

© Any compartment, space, box, or other closed container that is added or attached to existing compartments, spaces, boxes, or closed containers integrated or attached to a vehicle. (3) “Vehicle” has the same meaning as in section 4511.01 of the Revised Code and includes, but is not limited to, a motor vehicle, commercial tractor, trailer, noncommercial trailer, semitrailer, mobile home, recreational vehicle, or motor home.

(4) “Motor vehicle,” “commercial trailer,” “trailer,” “noncommercial trailer,” “semitrailer,” “mobile home,” “manufacturer,” “recreational vehicle,” and “motor home” have the same meanings as in section 4501.01 of the Revised Code.

(5) “Motor vehicle dealer” has the same meaning as in section 4517.01 of the Revised Code.

(B) No person shall knowingly design, build, construct, or fabricate a vehicle with a hidden compartment, or modify or alter any portion of a vehicle in order to create or add a hidden compartment, with the intent to facilitate the unlawful concealment or transportation of a controlled substance.

© No person shall knowingly operate, possess, or use a vehicle with a hidden compartment with knowledge that the hidden compartment is used or intended to be used to facilitate the unlawful concealment or transportation of a controlled substance. (D) No person who has been convicted of or pleaded guilty to a violation of aggravated trafficking in drugs under section 2925.03 of the Revised Code that is a felony of the first or second degree shall operate, possess, or use a vehicle with a hidden compartment.

(E) Whoever violates division (B) of this section is guilty of designing a vehicle with a hidden compartment used to transport a controlled substance. Except as otherwise provided in this division, designing a vehicle with a hidden compartment used to transport a controlled substance is a felony of the fourth degree. If the offender previously has been convicted of or pleaded guilty to a violation of division (B) of this section, designing a vehicle with a hidden compartment used to transport a controlled substance is a felony of the third degree.

(F) Whoever violates division © or (D) of this section is guilty of operating a vehicle with a hidden compartment used to transport a controlled substance. Except as otherwise provided in this division, operating a vehicle with a hidden compartment used to transport a controlled substance is a felony of the fourth degree. Except as otherwise provided in this division, if the offender previously has been convicted of or pleaded guilty to a violation of division © or (D) of this section, operating a vehicle with a hidden compartment used to transport a controlled substance is a felony of the third degree. If the hidden compartment contains a controlled substance at the time of the offense, operating a vehicle with a hidden compartment used to transport a controlled substance is a felony of the second degree.

(G) This section does not apply to any law enforcement officer acting in the performance of the law enforcement officer’s duties.

(H)(1) This section does not apply to any licensed motor vehicle dealer or motor vehicle manufacturer that in the ordinary course of business repairs, purchases, receives in trade, leases, or sells a motor vehicle.

(2) This section does not impose a duty on a licensed motor vehicle dealer to know, discover, report, repair, or disclose the existence of a hidden compartment to any person.

(I) This section does not apply to a box, safe, container, or other item added to a vehicle for the purpose of securing valuables, electronics, or firearms provided that at the time of discovery the box, safe, container, or other item added to the vehicle does not contain a controlled substance or visible residue of a controlled substance.

Added by 129th General Assembly File No. 136, SB 305, § 1, eff. 9/28/2012.

I have a Tuffy Under Seat Lock Box under the driver side of my Jeep...i wonder if that's considered a hidden compartment...

Looks like you're safe choo choo, thanks to section I

Edited by magley64
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That's insane that simply having a hidden compartment is a felony, or illegal in any way. It's my car, why can't I hide shit in it. Not all hidden things are illegal. Might be a place to keep money or other valuables that wouldn't normally be found during a break in.

Edit: Now from the ORC it appears to be more acceptable, but damn, why do we need so many laws. Transporting is illegal already, do we need another law for hiding it???

Biggie

Edited by turnone
Additional info posted above me.
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That's insane that simply having a hidden compartment is a felony, or illegal in any way. It's my car, why can't I hide shit in it. Not all hidden things are illegal. Might be a place to keep money or other valuables that wouldn't normally be found during a break in.

Biggie

that is covered in section I... Like I said I think it's only illegal if there is residue in it or you've been convicted before... kinda like a bong, legal as long as used by someone over 21 for tobacco.

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It's only illegal if it's designed to convey controlled substances.

...with the intent to facilitate the unlawful concealment or transportation of a controlled substance.

I have a hidden compartment in my car that I use to store the camera gear, theft tracker and other electronics. None of the gear is illegal.

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Section (B) of the referenced code above states "...with the intent to facilitate the unlawful concealment or transportation of a controlled substance."

to my untrained-in-the-law-brain that means if I "intend" to transport anything other than drugs (...a controlled substance), I'm clear.

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Section (B) of the referenced code above states "...with the intent to facilitate the unlawful concealment or transportation of a controlled substance."

to my untrained-in-the-law-brain that means if I "intend" to transport anything other than drugs (...a controlled substance), I'm clear.

that is how it would seem, though if they can't read your mind, how do they know your intentions?

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right, i get it in this particular case, I'm more concerned with the use of the law, and the evidence requirements to justify "intention"

Well, I think that if a drug sniffing dog reacts to the vehicle in question then there is "intention".

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right, i get it in this particular case, I'm more concerned with the use of the law, and the evidence requirements to justify "intention"

Ohio law in regards to marijuana used to be ( back in the mid 90's ) that if you have more than 1 bag, no matter the weight/measure, then you can be cited for intent to traffick. If you have 2 or 3 doobs in the same bag, its simply posession....but if you had those same 2 or 3 doobs all in seperate baggies, you can be cited for intent. Anything over 100 grams can be considered felonious posession WITH intent to traffick due to the large amount. Been a long time ago though, so laws could've changed since then.

I'd assume that concealed compartments in your vehicle would be perfectly legal pending no residue is found inside it. Personally, criminal drug history shouldn't even play a part in deciding whether someone could/can be cited for simply having a concealed hideaway in their vehicle as long as there's no evidence of it ever being used as an illegal stash.

Now, if you buy a used car that already had a "dirty" hideaway in it somewhere and you get stopped by a K-9 unit....sad to say but, clean record or not.....good luck proving you're innocent

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