Q: Can my friend be charged with trafficking with no drugs found on him?
Can the District Attorney charge my friend with trafficking methamphetamine if he had no drugs in his car or on his person? The drugs were found on a girl he was giving a ride to; she had them in her cavity without his knowledge. There was paraphernalia in the car, accessible to both of them, but he has no relationship with her. Additionally, the authorities allowed the car to be driven off by a licensed driver.
A:
Cases like these are very fact specific. However, if he was in control of the vehicle then by default he is in control of the occupants and its contents. Therefore, yes if the quantity is sufficient to meet trafficking then yes he can be charged with that and have to defend it in court.
The fact the officers let another licensed driver transport the vehicle home was a nice gesture by the officer because they could have had the vehicle towed and thus you would also be having to get the vehicle out of impound.
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