Can I be charged with constructive possession since its my car?

[Wtfchuck]

Have a few questions if anyone can help.

Lent my car to my cousin who said he was going to pick up his friend and go to Walmart. I had no reason to think they weren't. Instead they went to buy drugs and the dealer was under investigation so my cousin was pulled over leaving the guys house for not coming to a complete stop at a stop sign (reason to stop) they were search because one of them reeked of marijuana and both him and his friend were charged with poss of meth, which they tried hiding under the seat (dummies). Can I be charged with constructive possession since its my car....I haven't been, I'm just having a debate with my other cousin who says I'm lucky they didn't try to charge me too. How could I be if they lied about what they were doing?


Second question just for the hell of it since it was brought up during the debate. Your friend goes to jail and asks u to watch their house. They call you from jail when your at their house and ask you to throw their stash of crack (or whatever drug that's illegal) away. (for whatever reason) you say ok but really feel its not your business so you just leave it there. The police hear the conversation on the phone. Is that probable cause to arrest you for possession? Lets say they search your friends house, find out you didn't flush it a and it's right where he said it was? Isn't that a sign that you obviously didn't want anything to do with it. Or is it probable cause to arrest you for possession......because my cousin says you can be arrested but I don't see how that's possible.

[Disagreeable]

re: Can I be charged with constructive possession since its my car?

You could potentially be charged in situation 1. Your car could also be confiscated and resold in many jurisdictions. In situation 2, you might have a search warrant served or wire tap authorized to see if you are involved in drug activities. You might also be charged if you enter the house and it is being watched.

[Lexus]

re: Can I be charged with constructive possession since its my car?

Many times when Law Enforcement stops a car or serves a warrant on a home there are multiple people who all have the same access to the drugs. This is called Constructive Possession of Drugs. To be convicted of a case where there is constructive possession, the State must prove three elements: (1) Defendant had dominion and control over the contraband. (2) Defendant knew contraband was present. (3) Defendant knew of the illicit nature of contraband. Mere proximity to the drugs is usually not enough to convict someone in this type of case. It is important for you to seek the guidance of an experienced criminal defense lawyer to fight for your rights.
In the United States criminal court system, probable cause refers to facts or evidence that would make a reasonable person believe that a crime or wrong doing has been, is being, or will be committed. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. Probable cause" requires more than a mere suspicion that a suspect committed a crime, but not as much information as would be required to prove a suspect guilty beyond a reasonable doubt. To establish probable cause, police officers must be able to point to objective factual circumstances leading them to believe that a suspect committed a crime.

[Friend In Court]

Re: Can I be charged with constructive possession since its my car?

Have a few questions if anyone can help.

Lent my car to my cousin who said he was going to pick up his friend and go to Walmart. I had no reason to think they weren't. Instead they went to buy drugs and the dealer was under investigation so my cousin was pulled over leaving the guys house for not coming to a complete stop at a stop sign (reason to stop) they were search because one of them reeked of marijuana and both him and his friend were charged with poss of meth, which they tried hiding under the seat (dummies). Can I be charged with constructive possession since its my car....I haven't been, I'm just having a debate with my other cousin who says I'm lucky they didn't try to charge me too. How could I be if they lied about what they were doing?


Second question just for the hell of it since it was brought up during the debate. Your friend goes to jail and asks u to watch their house. They call you from jail when your at their house and ask you to throw their stash of crack (or whatever drug that's illegal) away. (for whatever reason) you say ok but really feel its not your business so you just leave it there. The police hear the conversation on the phone. Is that probable cause to arrest you for possession? Lets say they search your friends house, find out you didn't flush it a and it's right where he said it was? Isn't that a sign that you obviously didn't want anything to do with it. Or is it probable cause to arrest you for possession......because my cousin says you can be arrested but I don't see how that's possible.

As to your first question, I doubt that charges would stick, even if laid against you for you had no knowledge of the use the car would be put to once it is out of your possession. Vehicles have been confiscated when used for drug trafficking, as I guess you know.

As to the second, it was the friend's house, not yours. Although you had knowledge the drugs were there, you refused to have anything to do with it.

Theoretical situations discussed by laymen are interesting intellectual exercises, but often shed no light. If you end up with a real situation like No. 2, by all means seek a criminal defense lawyer's advice. It will have value and be needed.

[BOR]

Re: Can I be charged with constructive possession since its my car?

Can I be charged with constructive possession since its my car....I haven't been, I'm just having a debate with my other cousin who says I'm lucky they didn't try to charge me too. How could I be if they lied about what they were doing?

They can try to charge you, but as long as the so called friends back you up, meaning you had no knowledge they lied,, the govt. won't win. It should be investigated 1st as to your veracity.

If they had attempted and or seized your car as a forfeiture, you may have been able to claim the "innocent owner" exception. This means exactly as your facts are spelled out, an owner who had no knowledge of criminal activity lends thier car to a person who then buys or sells drugs from it, usually the hard stuff.

Second question just for the hell of it since it was brought up during the debate. Your friend goes to jail and asks u to watch their house. They call you from jail when your at their house and ask you to throw their stash of crack (or whatever drug that's illegal) away. (for whatever reason) you say ok but really feel its not your business so you just leave it there. The police hear the conversation on the phone. Is that probable cause to arrest you for possession? Lets say they search your friends house, find out you didn't flush it a and it's right where he said it was? Isn't that a sign that you obviously didn't want anything to do with it. Or is it probable cause to arrest you for possession......because my cousin says you can be arrested but I don't see how that's possible.

There was a SC case I can't remember now about such possession, and the Justice said why should a man who is holding his wife's purse and found to have drugs in it, when he had no knowledge of them be charged with possession.

Simply being alerted to such and failure to report it is not enough for a possession charge, but leaving the premises is a probable must in order to negate any charge, if you stay, that may be a problem.