Legal Question in Criminal Law in Arizona

Drug Possession in Traffic Stop

Dear Law Guru.com,

A friend of mine was stopped as a passenger in a vehicle in Arizona. This vehicle was a full size, standard cab pickup. My friend was a passenger, like I said. The traffic stop, turned into a vehicle search. The only drugs found were behind the passenger side seat, in between the seat and the back of the cab of the truck. My friend was a passenger, and granted that meant the drugs were stashed right behind him. But, there is no way he could have put the drugs there during of after the traffic stop without the office seeing him. The drugs were the driver/owner of the vehicle, but he ( the driver/owner) is denying they were his drugs as well. In Arizona, isnt it state law that whatever is in the vehicle is the responsibility and therefore the drug possesion charges should go to the driver owner, correct?. My friend had nothing on him and was not under the influence or anything. Can they charge my friend with possesion of the drugs that were stowed behind the seat of the truck even though there is no way they were hastily stowed at the traffic stop. You could tell, I guess, that they had been stashed with some care and thought. The passenger had no way to stash those drugs there as the vehicle was st


Asked on 1/11/05, 7:12 pm

2 Answers from Attorneys
Mark Lazell Mark Lazell P.C.

Re: Drug Possession in Traffic Stop

Drugs in vehicle - typically both driver and passenger charged. Sounds like your friend needs a trial. Move to sever and blame on driver.

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Answered on 1/12/05, 11:04 am
Brian L. Borrelli BORRELLI LAW OFFICE

Re: Drug Possession in Traffic Stop

There is no hard rule about who's responsibility it is basically the prosecution can go after anyone who they think thay can prove possessed those drugs. Your friend sounds like he has a good case based on all the issues you stated as well as the general fact that there are 2 people and no way to know which one had them. The arguments you make are good ones, however those are factual arguments that a jury gets to answer. Based on what you have said it seems like a good case to take to trial. I would be happy to discuss the matter with you further. You may contact me at your earliest convenience if you wish to discuss the details.

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Answered on 1/12/05, 12:50 pm


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