If an employee driving my car was stopped and the car was searched, if the officer found over 1 once of pot, can I be charged if it was not mine?

UPDATED: Sep 30, 2022

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If an employee driving my car was stopped and the car was searched, if the officer found over 1 once of pot, can I be charged if it was not mine?

I lent my car to an employee whose car was in the shop. He had it for 12 hours. My car broke down and an officer pulled up and asked for his information. It turns out that he had a suspended license and for some reason they searched my car and found over an once of pot which wasn’t mine. Can they in any way charge me?

Asked on April 22, 2017 under Criminal Law, Nebraska


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes, they can charge you if there is sufficient evidence to believe that it was your pot; that evidence can come from the logical inference that pot in a car belongs to the car's owner if no evidence tying it to another person comes out (e.g. no one claims it or admits to it; the fingerprints of another person are not found on the bag; etc.) and well as from what other people say (e.g. if the employee to whom you'd lent the car credibly or believable says that was not his pot). You may know that it was your pot, but the authorities don't know that: all they "know" is what the evidence shows or suggests.

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