Draper, UT asked in Criminal Law, Civil Rights and Constitutional Law for Utah

Q: if during a inventory search on a car, a bag with drugs and a gun is found who gets charged?

neither the driver or the passenger is the owner of the car, the driver is initially stopped by an off duty cop who thought these people looked like two suspects wanted at the time, even though the descriptions did not match at all. except for one white male and one tongan male. after confirming that, in fact these are not the people they are looking for, they take the driver to jail on an unrelated warrent and impound the car. the passenger goes and gets the owner of the car and takes him to the tow yard to get the car out. when arriving at the yard, the police take both men into custody and question them about the bag with said items in it. the owner tells the cops that the passenger said he needed to go get his car out because it has items in it that would get him in trouble. the cops take that mans word and charge the passenger of this vehicle for the gun and drugs?

1 Lawyer Answer

A: The cops always charge everyone in the car when they find drugs. You need to get an attorney to help you litigate these other issues.

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