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transporting and possession for sales

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loribugs

Junior Member
What is the name of your state (only U.S. law California If you are not in a vehicle and the vehicle is not registered to you and the police stop and ask is this vehicle registered to you and you say no do they have the right to search and can they charge you for possession for sales and transporting. They found 7 gr of meth and a scale and a few loose unused bags. I was outside the vehicle and it was broke down.
 


tranquility

Senior Member
The possessor of the vehicle has standing to object to the search. And, could be liable for possession if the government can prove intent.
 

CdwJava

Senior Member
If they have probable cause to search and can then make a case that ties you to the vehicle, yes, you can be charged. All because you are not the owner, if you were driving the vehicle and they found dope the inference is that it is yours. This is rebuttable, of course.
 

loribugs

Junior Member
probible cause

The cops came up and said is this car registered to you, I said no and they said then there is no problem if we search as they began their search. I do not see any reason for their immediate search Other than the fact that it was not in my name is that probible cause? I am so sorry I am just now seeing your post. I apreciate your time. I do not no how to do aim I am [email protected]
 

Some Random Guy

Senior Member
The cops came up and said is this car registered to you, I said no and they said then there is no problem if we search as they began their search.
And the police report will say that they asked the QUESTION of whether there was a problem with them searching the vehicle. From your statements, you did not object to the search, so you gave consent by remaining silent and not invoking your right to be free from unwarranted searches.

Due to the severity od the charges, I would suggest getting a lawyer. Attacking the legality of the search sounds like a losing argument, but it may be your best shot if you have no other defenses.
 

tranquility

Senior Member
I said no and they said then there is no problem if we search as they began their search.
This is not unusual police procedure. I'd say the report will make it clear you gave implied consent.
 

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