Can drugs found on one person be charged to them and another person in the same car?

Question

My brother while giving a friend a ride home, was pulled over by police. During a consented search the officer found no drugs on my brother, or in his vehicle. During a consented search of the passenger and her personal belongings, the officer found suspected meth inside her purse. The officer charged her with the drugs. He also charged my brother with the same drugs. Is this legal? During my brothers probation hearing the passenger claimed all responsibilty of the drugs, and testified to the fact that he (my brother) had no knowledge of the drugs.The court revoked his probation. he has been in jail for eight months. and still has got to go to trial over this. What does the law books have to say in this case?

Answer 1

You might find that the drug charge and the violation of probation are two different issues, actually. Could it be that your brother was on probation from a drug offense?

Regardless, one of the terms of most probation agreements is that the probationer not associate with known drug offenders or convicted felons. His being in an automobile with someone in possession of methamphetamine might actually be enough for a revocation of probation by itself, even if he manages to ditch the possession charge himself. If he fails a drug test in addition to this, he risks an even greater chance of having his suspended sentence executed and having to serve whatever time he had hanging. Sad, but true.

Regarding the drug charge, if the dope was not in a 'common' area of the vehicle (an area customarily accessible to all present within the confines of the car), he might have a chance of escaping the possession charge, but it will take an above-average lawyer with some knowledge of Supreme Court decisions applying to 'constructive possession' in a motor vehicle. Constructive possession by your brother isn't a slamdunk for the prosecutor, but if the drugs were in an open purse, and that purse was in arm's reach of your brother, its not impossible to convict him on it. Conviction on the meth possession will almost certainly violate his probation, especially if the probation was for a previous drug-related conviction.

If he's already been in the joint for 8 months under a probation hold (without a bond), they are pretty serious about keeping him locked up.

Answer 2

yes in the few states where I know the law on this, if there is drugs in a car, even if on one person, everyone in the car can be charged.

Also in some states, if a group of people are together in a park or public area and one has more than a certain amount of drugs, they all can be charged also.

Law books say he will do the time.

Answer 3

i know as far as my town , under searches 1) it was consentual , however it was not "in the vehicle " it was on a person so he should not have been charged with it since he wouldnt have had knowledge or control of it ,it was in her purse so it was under passenger control it would've been a different story had it been on the floor of the vehicle ., you may need to check the rules and reg of his probation though

Answer 4

In Missouri the driver of a motorized vehicle is responsible for anything found in the vehicle. Whether it is on them, under the seat, or in another person's possession while in the vehicle.

Answer 5

If you're on probation, you can't hang out with people on drugs. Your brother needs new friends.

Answer 6

Why would anyone weather their guilty or not of drug possession, allow the cops to search their car. It's just plain stupid. The correct answer when a cop asks if he may search your car is , absolutely not. Why Not! the cops says, Your answer should always be "Well sir my attorney has instructed me to never allow a policeman to search my vehicle"........That's all, plain and simple, NO!

Answer 7

Yes.

Answer 8

`fraid so