if someone is in the back seat of a car that has been pulled over and a gun is found in the car, is it legal for them to be charged with it? also, they are on felony probation. i need cases out there that would give me info on this subject.
2007-09-06 14:41:49 · 6 answers · asked by iampeaer 2 in Politics & Government ➔ Law & Ethics
the person was not found in possession of the gun. i'm not sure where the gun was in the car, i have to found out. but i know it wasnt in the area where the person was. they were in the backseat. i think the gun was in the trunk.
2007-09-06 14:48:10 · update #1
allamericanred2 - i'm not angry. but thats neither here nor there. its not me. how would i be able to come here and ask a question if i was arrested in this situation? i'm just trying to find info and help a lawyer friend with a case. lol
2007-09-06 15:00:39 · update #2
i need specific laws and cases on both sides of the incident. support of what happend and laws and cases that shows that this situation is a violation of the law.
2007-09-06 15:03:53 · update #3
If they were in "possession" of the gun, then yes. It would be up to the jury to decide if this was the case.
2007-09-06 14:45:15 · answer #1 · answered by Anonymous · 1⤊ 0⤋
It depends on how the gun was found.
If it was in plain sight of the officer making the stop, or if he had probable cause to search the car (smelling marijuana smoke, driver appears intoxicated, driver has warrant out for arrest, etc.), or if the driver voluntarily consented to a search of the car or told the officer any information that would give probable cause, the gun is fair game as evidence.
If not, the search was illegal, the gun evidence will be suppressed, and there won't be any evidence of probation violation and therefore any charges laid would be dropped.
2007-09-06 22:02:52 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Where in the car was the gun found? If the gun was in the back seat and NOT in the possession on someone else, it can be considered in their possession. If it was found in the glove compartment, the driver would most likely be considered in possession of the gun.
2007-09-06 21:48:45 · answer #3 · answered by STEVEN F 7 · 0⤊ 0⤋
You can be charged for possession even if you are a passenger, however if you can prove that do were in a position in which you wouldn't have been able to reach it (like it was in the glove box or on the floor in front of the drivers seat) then you can get it dismissed. I had the same thing happen to me and was able to get it dismissed. Where were you and where was the gun, please let me know?
2007-09-06 21:51:03 · answer #4 · answered by Anonymous · 0⤊ 0⤋
It has to be within access of the person in order for it to be possession. The gun has to be in care and control of the person. I don't see how they can charge him with it, but I have seen some wierd things.
2007-09-06 21:50:29 · answer #5 · answered by railer01 4 · 0⤊ 0⤋
well your avitar looks angry so i assume you are.
If you are on felony probation you are not allowed to be around weapons ...period... you are you go back to jail
you are not allowed to be around other convicted felons etc. you go back to jail
i mean what is the issue? your probation says here are the conditions of your probation - not in the presence of guns.. hmmm you in a car with guns then you violated probation plain and simple
no conspiracy or crap = you blew it!
sounds like whining to me
2007-09-06 21:56:22 · answer #6 · answered by allamericanred2 3 · 0⤊ 0⤋