Legal Question in Criminal Law in California

my friend and i were driving and was pulled over. The officier ask if he could search the car.i said okay. the officier found under the passeneger seat a wallet with a small amount of meth and a glass pipe. my friend was driving and his licence was suspended at the time. since the meth was under my seat he said that it was mine. we had borrowed the car from a friend that day so we could go to the casino. the casino was in another county than where we lived. the are charging me the passenger with transporting a controlled substance. the officer said it was our responcibility to inspect the car before we used it. can they charge me with this and if so why didnt they charge my friend the driver also

Asked on 11/28/11, 7:37 pm

4 Answers from Attorneys

David M. Wallin Law Offices OF David M. Wallin

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The officer could have charged both of you, as the criminal law definition of "possession", is the ability to have access or control over the item. However, unless the officer got a statement from you, where you acknowledged that you knew it was there, there is NO case against you. The officer knows that without an incriminating statement, no D.A will file that case. So, don't be surprised if you see a statement attributed to you, that you didn't make. Call me if you have any other questions.........David Wallin

Answered on 11/28/11, 7:58 pm

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