Tomcat0403 Posted December 18, 2012 Report Share Posted December 18, 2012 http://www2.nbc4i.com/news/2012/dec/18/pennsylvania-man-facing-felony-charges-hidden-vehi-ar-1281598/This is a felony? All arrows point to this is used for drugs and $$$ but a 4th degree felony?Ready....go Quote Link to comment Share on other sites More sharing options...
magley64 Posted December 18, 2012 Report Share Posted December 18, 2012 interesting, I wonder what it takes to be classified as a "hidden compartment" Quote Link to comment Share on other sites More sharing options...
Bad324 Posted December 18, 2012 Report Share Posted December 18, 2012 we need stricter hidden compartment control!!!! 1 Quote Link to comment Share on other sites More sharing options...
Simplysix Posted December 18, 2012 Report Share Posted December 18, 2012 If they found if then it's no longer hidden Case dismissed! Quote Link to comment Share on other sites More sharing options...
BadTrainDriver Posted December 18, 2012 Report Share Posted December 18, 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... Quote Link to comment Share on other sites More sharing options...
magley64 Posted December 18, 2012 Report Share Posted December 18, 2012 (edited) 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 December 18, 2012 by magley64 Quote Link to comment Share on other sites More sharing options...
turnone Posted December 18, 2012 Report Share Posted December 18, 2012 (edited) 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 December 18, 2012 by turnone Additional info posted above me. Quote Link to comment Share on other sites More sharing options...
magley64 Posted December 18, 2012 Report Share Posted December 18, 2012 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. Biggiethat 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. Quote Link to comment Share on other sites More sharing options...
Scruit Posted December 18, 2012 Report Share Posted December 18, 2012 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. Quote Link to comment Share on other sites More sharing options...
jblosser Posted December 18, 2012 Report Share Posted December 18, 2012 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. Quote Link to comment Share on other sites More sharing options...
magley64 Posted December 18, 2012 Report Share Posted December 18, 2012 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? Quote Link to comment Share on other sites More sharing options...
Brownsfan1 Posted December 18, 2012 Report Share Posted December 18, 2012 that is how it would seem, though if they can't read your mind, how do they know your intentions? If you have previous drug trafficing offenses. Quote Link to comment Share on other sites More sharing options...
ReconRat Posted December 18, 2012 Report Share Posted December 18, 2012 He's in trouble solely because the sniffing dog hit on that compartment.If they want to do trace testing, they can prove it.Sounds expensive for a 4th degree. Quote Link to comment Share on other sites More sharing options...
Brownsfan1 Posted December 18, 2012 Report Share Posted December 18, 2012 He's in trouble solely because the sniffing dog hit on that compartment.If they want to do trace testing, they can prove it.Sounds expensive for a 4th degree. Agreed. Quote Link to comment Share on other sites More sharing options...
magley64 Posted December 18, 2012 Report Share Posted December 18, 2012 If you have previous drug trafficing offenses.yes, but who's to say if you haven't been caught yet? Quote Link to comment Share on other sites More sharing options...
Brownsfan1 Posted December 18, 2012 Report Share Posted December 18, 2012 yes, but who's to say if you haven't been caught yet? The article says that the drug dog smelled it in the car. Quote Link to comment Share on other sites More sharing options...
magley64 Posted December 18, 2012 Report Share Posted December 18, 2012 The article says that the drug dog smelled it in the car.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" Quote Link to comment Share on other sites More sharing options...
Brownsfan1 Posted December 18, 2012 Report Share Posted December 18, 2012 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". Quote Link to comment Share on other sites More sharing options...
wantahertzdonut Posted December 18, 2012 Report Share Posted December 18, 2012 That would suck if you bought that car used and then got busted. Unlikely, but possible. Even worse if you never had a conviction, but the dog found the compartment because of residue. Quote Link to comment Share on other sites More sharing options...
Brownsfan1 Posted December 18, 2012 Report Share Posted December 18, 2012 That would suck if you bought that car used and then got busted. Unlikely, but possible. Even worse if you never had a conviction, but the dog found the compartment because of residue. That is possible. That would suck. 1 Quote Link to comment Share on other sites More sharing options...
Scruit Posted December 18, 2012 Report Share Posted December 18, 2012 You have to prove intention to the jury. How would you convince a lay person? Quote Link to comment Share on other sites More sharing options...
Gixxus Christ! Posted December 18, 2012 Report Share Posted December 18, 2012 I used to stash road doobies in a hide-a-key back in the day, good thing I never got caught. Quote Link to comment Share on other sites More sharing options...
ReconRat Posted December 18, 2012 Report Share Posted December 18, 2012 So.... is there a market for a hidden compartment to hide the hidden compartment? Just asking.... Quote Link to comment Share on other sites More sharing options...
Gixxus Christ! Posted December 18, 2012 Report Share Posted December 18, 2012 Inception compartment. Quote Link to comment Share on other sites More sharing options...
Helmutt Posted December 19, 2012 Report Share Posted December 19, 2012 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 Quote Link to comment Share on other sites More sharing options...
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