More details to this question:
16 year old at beach with friends, SUV parked unoccupied, cop sees alcohol searches SUV and finds pot (36 grams). My son gets arrested , it’s not his SUV, it’s not his pot, it’s not his duffle bag that it found in. He was in the ocean but did drive with others to the beach into that SUV. Is this constructive possession?
5 ANSWERS
James Edward Smith
No? Have to have dominion and control to have constructive possession.
Answered on Sep 18th, 2013 at 12:34 PM
Michael J. Breczinski
No they have to prove that he possessed it in order to convict him.
Answered on Sep 17th, 2013 at 7:39 PM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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No.? That case will not stick if they facts are as you have been told by your son.? Had it been found in or near his bag - good case.? But, hidden in another person's bag - he is not in possession.? Hire him a lawyer. Cynthia Henley Lawyer 7626 E. Jordan Cove Houston, Texas? 77055 713-222-1220 cynthiahenley@yahoo.com www.henleylaw.com http://cynthiahenley.blogspot.com
Answered on Sep 17th, 2013 at 7:38 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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I would get an attorney and fight the charge. If it was not his, he was not using or drinking and was not aware of it then he has a good defense. Negate any of the previous facts and it gets more difficult.
Answered on Sep 17th, 2013 at 2:19 PM
Federal Criminal Law Attorney serving Fresno, CA
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Mark A. Broughton, PC
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Yes, it is a form of constructive possession. But whose marijuana is it? Whose SUV is it? There are many more questions to ask before fully answering the question as to whether or not he can be charged or found to be in possession - actual or constructive. What interests me more about this situation is how did the cop search this car without a warrant or consent to search? A cop cannot simply search a vehicle, especially one that is not being driven, and is unoccupied, or for that matter, that has alcohol contained inside. All of your questions should be run by a criminal defense attorney.
Answered on Sep 17th, 2013 at 2:19 PM