Q: 3 passengers in vehicle get pulled over for front pass. No seatbelt ..front driver (registered owner vehicle ), myself f
Myself front pass. Rear passenger female..myself being on parole n probation upon search of myself I was honest n tforthcumin being in poss. Of very minute amt of narcotic that which would have not registered on a scale .upon exiting all pass. So a full search of vehicle be conducted officer locates an Oz. Of methamphetamine under front passdnger seat ..all 3 passengers deny such knowledge of said narcotics ...so who should get da ticket of possession....???????
A:
Under California law, when narcotics are found in a vehicle and no one admits to ownership, law enforcement may charge the person they believe is most likely to be in possession based on the evidence. Factors include proximity to the drugs, admissions of ownership of other contraband, or prior convictions. Being on parole or probation may also influence an officer's decision.
However, actual possession isn't the sole basis for a charge; constructive possession can also be a basis if one has control over or the right to control the drugs. The registered owner of the vehicle or the person in control of the vehicle can sometimes be held responsible. However, it's not guaranteed that the person nearest to the drugs will be charged. Charges may change based on further investigation or evidence. If charged, it's essential to consult with legal counsel to evaluate the specifics and build a defense.
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.
