Legal Question in Criminal Law in Texas

a cop arrested me and my friend wit poss of 3g of pot and the pot was not on us or even near where we where at. the cop said and i quote ''the pot was like 20 yards from them '' is that even legal for him to do... can that charge even stick?


Asked on 8/08/10, 2:32 pm

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Sure it can. Whether it will is going to depend upon the facts.

It is possible to possess something that isn't on you at the moment. For instance, although I'm at my office right now, I have many possessions at my home and in my car.

To possess something means that you are exercising dominion and control over it. You can possess something that you don't own (for example, when you agree to hold onto something for a friend), and you can possess something that isn't on you at the moment. If I put something down and walk away from it, it will not automatically cease to be in my possession.

Even if some intervening event deprived me of possession, that would not change the fact that I possessed the item previously. If you were carrying the drugs but discarded them and walked away, you could still be convicted of possessing them. It doesn't matter whether you still possessed them when the officer detained you, as long as the prosecutor can prove you had possessed them at some other time.

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Answered on 8/13/10, 2:55 pm


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