QUESTION
Shouldn't both owners of vehicle be arrested if drugs were found in the car?
Asked on Aug 03rd, 2015 on Criminal Law - Utah
More details to this question:
You and your wife both own a vehicle. The vehicle is parked with no one inside. Police are called to home for domestic violence and arrested the male inside the home. Then police asked female if they can search car and she gives permission. Drugs are found. Male is arrested.
1 ANSWER
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Randy M. Lish, Attorney at Law
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There is no way to force the police to arrest or charge an individual. Their failure to do so, however, can raise a good defense, because the property was co-owned, and there is no more evidence against one individual than the other. This fact can be used to raise an issue of reasonable doubt.
Answered on Aug 10th, 2015 at 12:36 PM