Legal Question in Criminal Law in California

Possession

My 17yo son was accused of being in possession of alcohol and subsequently suspended. He was in a limo supplied by the school he attends, in which there was no chaperone. There were a total of 10 kids in the vehicle. One of the kids in the vehicle removed from her purse a bottle of rum. She took a drink and passed the bottle around. The bottle was given to my son, who held it momomentarily, and then passed it on to the next kid. Two other kids in the car also did not drink. The three kids who did not drink were found guilty of possession. Does my son touching the bottle constitute possession when he did not know the girl brought the bottle and did not have any part in the planning of making the alcohol available in the vehicle? This was a school function and they were not chaperoned. There were 10 kids in the limo.


Asked on 10/25/07, 1:39 am

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Possession

It sounds like your son was disciplined by his school and not by the legal system, which makes a big difference. The school can discipline people for offenses that are not crimes, but my answer will assume that the logic of the criminal law applies in this case.

I'm afraid the law favors the school's position. Your son was charged only with possession and not with drinking, so the fact that he didn't drink is irrelevant. That he didn't know the rum would be there ahead of time also doesn't matter, since possession does not require advance planning.

Posession also does not require ownership, so the fact that the rum belonged to someone else doesn't help.

Possession requires only that the object be in one's custody or control and that the defendant know what he's holding. The rum was in your son's custody while he held it, even though he may not have held it for long. Your son evidently knew what the bottle contained and chose to accept it from someone, which is enough to qualify.

Read more
Answered on 10/25/07, 2:25 am


Related Questions & Answers

More Criminal Law questions and answers in California