Q: Is the passenger responsible for contraband under the seat if no one owns up to it
A: As would be the driver. It would eventually get resolved in court.
A:
Possession is a the ability control an item, and that implies knowledge that the item is there. With drugs under the seat, there could be a number of factors that could point towards both knowledge and control. Who can reach them? Furtive movements noted by police? Did anyone give a statement? Any forensic evidence (fingerprints)? Anyone under the influence of the same drug?
Then, possession can be joint, not just sole possession. Joint possession means more than one person can have the ability to control an item.
Possession is not ownership, ownership is just one form of possession. Holding it for a friend is possession.
Possession can be constructive, not just actual possession. Actual possession means holding it, constructive means you could control it if you chose to.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
