Possession

[thehighwayman66]

What is the name of your state (only U.S. law)? Texas
I was pulled over for a traffic stop. There were 3 people in my car. I was driving,there was a male passenger in the right front seat and a female passenger in the right rear seat. The female and I had ID but the male passenger did not. While the officer was checking our ID, the male passenger opened the car door and took off running. Another police officer arrested him about 2 blocks later. The officers then searched the car and found a bottle containing crack cocaine under the right front passenger seat where the other man had been sitting. The officers asked me if the drugs were mine and I truthfully answered no. They asked the female passenger if the drugs were hers and she answered no. I assumed that the male passenger also said the drugs were not his either. However the male passenger was found to be in possession of a crack pipe and a number of illegal Xanex pills. We were all arrested and charged with possession of a controlled substance. I believe the male passenger was also charged with evading/resisting arrest, possession of drug paraphernalia, and possession of a dangerous drug. What is my defense against these charges? Can all three of us be charged with possession of the same bottle of drugs? I assume that the bottle and baggies inside the bottle had the male passengers fingerprints on them, but of course the police officers handled them with their bare hands and probably ruined any fingerprint evidence.

 

[anthony361]

What is the name of your state (only U.S. law)? Texas
I was pulled over for a traffic stop. There were 3 people in my car. I was driving,there was a male passenger in the right front seat and a female passenger in the right rear seat. The female and I had ID but the male passenger did not. While the officer was checking our ID, the male passenger opened the car door and took off running. Another police officer arrested him about 2 blocks later. The officers then searched the car and found a bottle containing crack cocaine under the right front passenger seat where the other man had been sitting. The officers asked me if the drugs were mine and I truthfully answered no. They asked the female passenger if the drugs were hers and she answered no. I assumed that the male passenger also said the drugs were not his either. However the male passenger was found to be in possession of a crack pipe and a number of illegal Xanex pills. We were all arrested and charged with possession of a controlled substance. I believe the male passenger was also charged with evading/resisting arrest, possession of drug paraphernalia, and possession of a dangerous drug. What is my defense against these charges? Can all three of us be charged with possession of the same bottle of drugs? I assume that the bottle and baggies inside the bottle had the male passengers fingerprints on them, but of course the police officers handled them with their bare hands and probably ruined any fingerprint evidence.

Thats a tough one, If I were a juror I would probally need to know your criminal history and background before I could say your innocent. I mean for all we know you could of been the drug dealer and the person who ran could of been the customer.

 

[dave33]

That is a common way for police to handle that situation. You will have to wait and see all the evidence. Get an attorney. If you choose to fight the charges (trial) than tour defense will be that they were not your drugs and a more likely scenario is the person who ran stashed the drugs before he decided to evade the police. You have a long way to go before you worry about that.

 

[HighwayMan]

Thats a tough one, If I were a juror I would probally need to know your criminal history and background before I could say your innocent. I mean for all we know you could of been the drug dealer and the person who ran could of been the customer.

Criminal history should have no bearing on this, unless repeat offenses up the charge(s).

 

[HighwayMan]

If it was me, I would have just locked up the guy that ran, but there's alot to consider for an officer in a situation like this. In many cases, everyone gets locked up and the courts sort it out.


Obviously, if he ends up admitting the stuff was his then you're clear.

 

[cyjeff]

In cases like this, it is not uncommon for the police to arrest everyone and have the courts sort it out.

Get an attorney.

By the way... by strict interpretation... anything in that car that is not willingly claimed by another is your responsibility.

 

[CavemanLawyer]

There is such a thing as constructive possession in Texas, meaning that multiple people can be charged with possessing the same thing. Anything at least within your reach certainly has the potential to be in your possession since it is an area that you have control over. The question is whether the State can prove you knew it was there. The argument is basically that ya'll were all going to smoke it when you got home, or that you knew your buddy had it and you chose to give him a ride in your car anyway. The State has to prove this and it sounds like an incredibly weak case against you and the girl. There is definitely probable cause to charge you, just doubtful whether there is evidence to prove it beyond a reasonable doubt.

As for prior criminal history mentioned above, the prosecutor certainly may consider it when making a plea offer and the Grand Jury can actually consider it in deciding whether or not to True Bill the charges, but it is not something that the jury will typically get to hear about.

Get a lawyer and if you are truly not guilty than I wouldn't plea to a damn thing even if its a Class C misdemeanor.

 

[CdwJava]

You do not appear all that surprised that this person was in possession of drugs. Do your friends frequently carry drugs or run from the police? Do you or your lady friend have any drug history?

I think the others have hit the possibilities on the head here. The case against you and the other passenger is not all that strong, but if your buddy who ran points the finger back at you also, it could be a different ball game - especially if you have a history.