Syracuse, IN asked in Criminal Law for Indiana

Q: My friend was driving my car he got a dealing in possession of methamphetamine charge they found drugs on the floor

Does that make it mine because it's my car I got a possession charge probable cause charge so far

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1 Lawyer Answer
Charles Candiano
Charles Candiano
  • Chicago, IL
  • Licensed in Indiana

A: "Possession" means that something is "within your scope of control." It has nothing to do with "ownership." Drug laws intentionally make NO DISTINCTION between possession and ownership because it is contraband - illegal to have it - irrespective of whether it belongs to you or to someone else.

The answer to your question is NO. But what's the difference? You own the car so you had the right to refuse to let your friend place drugs in your car. It would be the same if it was in your apartment, your boat, or anything that you exercised control over (think anything purchased or leased or rented).

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