QUESTION
How can I be charged with gun possession if i never possessed the gun?
Asked on Dec 27th, 2016 on Criminal Law - Michigan
More details to this question:
I was pulled over for no insurance. The officer pulled me and my passenger out of my car. He searched me and found nothing. He then asked could he search my car. I obliged because I knew there wasn't anything illegal in my car. He searched my car and found nothing. Then another officer came along, a female officer, to search my passenger who was female and found a small handgun stuffed in her boot. They charged the both of us with weapons and concealed weapon. Can they do that and is it legal?
1 ANSWER
Criminal Law Attorney serving Royal Oak, MI
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James S. Lawrence
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To charge a person, all the prosecutor needs is to sign a paper charging you. Boom, you are charged. However, it sounds like you have a solid defense that can win. NEVER grant consent to an officer to search your car. The passenger might have a claim of illegal search if she did not consent to a personal search, but you consented to a search, also, you do not have standing to assert the constitutional rights of the passenger. Get good representation right away, and do not make statements about the case except to your lawyer.
Answered on Feb 22nd, 2017 at 4:42 PM