Q: Can a passenger be charged with contraband found during an inventory search in California?
I was pulled over and refused to consent to the officer searching my car. So he impounded it for expired registration and did an inventory search. He found an oz of meth in the back seat on the passenger side of the car where my boyfriend was sitting. He arrested and charged my boyfriend with possession of a controlled substance. My boyfriend did not admit the drugs were his. They actually belonged to his friend who was sitting in the front passenger seat. Since it was an "inventory search" can they charge my boyfriend who was a passenger and the car did not belong to him.
A: The short answer "yes". With that being said, there's a lot of factors that go into defending a case like this. You may want to contact a local attorney to determine whether your boyfriend has any viable defenses against these charges.
A:
IT DEPENDS.
BUT YES, THEY COULD CHARGE EVERYONE......HOWEVER, IT PROBABLY WILL NOT STICK FOR EVERYONE.
THE DRIVER IS USUALLY CONSIDERED TO BE AWARE OF ANYTHING ILLEGAL IN THE CAR.
CALL A LOCAL LAWYER OR EXPLAIN TO YOUR PUBLIC DEFENDER.
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.
