Can I be charged for drugs found outside of my car during an arrest after being searched and detained?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can I be charged for drugs found outside of my car during an arrest after being searched and detained?
I was pulled over and arrested for a warrant while with a friend. My friend had heroin and needles on him and told the officer they were his. After being searched and arrested the officer found more heroin outside of the car and is saying that I am responsible for it. It was not on my person or in my car. Will charges be dropped?
Asked on April 1, 2012 under Criminal Law, Maryland
Answers:
Kevin Bessant / Law Office of Kevin Bessant & Associates
Answered 12 years ago | Contributor
Charges can issue if the prosecutor believes there was probable cause that you may have "constructively" possessed the drugs. Unlike physical possession where the drugs are found on your person, constructive possession is where the drugs are not found on you, but around your vicinity (i.e. under the car seat, trunk, etc). On constructive possession cases, the issue is whether or not you had an intent to possess the drugs, and if not, then this is a difficult case to prove. Just because the drugs were not found on you does not result in an automatic dismissal, but it may be difficult to prove you had knowledge of the drugs and an intent to possess them.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.