Q: Can i be charged with constructive possession of ammunition if it was found in car that i was not in
My federal probation officer searched my house and found keys to my cousin car in my bedroom. My cousin lives with me by the way but was not home at the time. They took the keys and searched the car and found ammunition in the trunk of the car. He violated my probation and had a warrant issued for my arrest. I am now out on bond awaiting my probation revocation hearing. Was the search of my cousin car illegal and was i in contructive possession of the ammunition if i didnt know it was in the car. I was not in the car or near the car i was in my apartment and the car was in the parking lot.
A:
GREAT QUESTION.
It frankly deserves the careful attention of a FEDERAL CRIMINAL DEFENSE LAWYER. That is a complex area of law.
Probation officers, both in Federal Court and State Court are given BROAD discretion. Probation and 4th Amendment Search and Seizure Rights don't go hand-in-hand.
There may be a question of "standing," to object to another person's vehicle. And obviously, constructive possession can be a matter of interpretation.
BEST BET: Retain an experienced FEDERAL DEFENSE LAWYER immediately.
Bill Powers
North Carolina Criminal Defense Lawyer
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