Holbrook, AZ asked in Criminal Law for Arizona

Q: How to defend possession of drug paraphernalia found in vehicle that neither party claimed. Is not defendants P.O. testi

Police officer said will speak to judge for defendant

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1 Lawyer Answer
Josephine Pesaresi Hallam
Josephine Pesaresi Hallam
  • Criminal Law Lawyer
  • Phoenix, AZ
  • Licensed in Arizona

A: The answer the possession charges are fact specific. So: who owned the car? Where was everyone sitting in the car in relation to the drugs? What is everyone’s criminal history? Were the drugs found in anyone’s bag or under anyone’s chair? Were the frustum plain sight?

Is there a 4th amendment search issue in how the drugs were found that can be challenged? Was it a consent search or was the bag of drugs seen during a legal stop? All issues to be investigated.

But drugs have to be in the person’s preview or control to be in their “possession’ and they have to have “knowing control”. So if the drugs were dropped by a passenger unknown to a driver, or hidden by a driver unknown to a passenger, it is going to be hard for the State to prove possession without DNA testing.

Hope that helps! Josephine Pesaresi Hallam

Hallam Law Group

Criminal Trial Attorneys


Zachary Divelbiss agrees with this answer

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