Legal Question in Criminal Law in Indiana

Cocaine found in car

Went to Logansport, IN to visit family. My husband's in-law was visiting because he had to turn himself in to Cook County Jail two days later. My Husband, his in-law and another went to a bar. My husband drove through a stop sign. Police pulled him over and the two passenger's, got out of the vehicle and left the scene. Police asked my husband if they could search my car. Knowing he had nothing to hide he allowed it. A bag of cocaine was found in the car and an open container. I could see how he shouldn't have been driving with an open container, but now my husband is being charged with possession of cocaine near a school (Time of incident:Early Sunday 12:30am). Newspaper even said that two male passengers fled while my husband didn't resist the officers. Days later, back in Chicago, we heard from family members that before in-law turned himself in he bragged how just before he ran away from the vehicle he threw the drugs in the car. We can't afford a lawyer but we were told by many, even people familiar with this particular County's law that if he settled for a PD he will face jail time. There's got to be some way to fight this.


Asked on 6/26/01, 3:20 pm

1 Answer from Attorneys
Ralph Tambasco Tambasco & Associates,P.C. Attornenys at Law

Re: Cocaine found in car

Your husband does seem to have a difficult situation. He appears from the facts to have been in control of the car as the driver at the time of the stop. He may even own the car. This means that unless the facts would suggest otherwise he could give consent to a serach of the vehicle which appears to be so. This seems to makes it a good search on the part of the police.

Unless the person who left the coaine in the car steps forward and sets the record straight, your husband will have to rely on other witnesses in the car at the time who may be able to testify on his behalf. If they can.

Whether your husband uses a PD or a private attorneys is his choice. He must have a good working relationship with that attorney and have confidence in that person. If he has concerns, he should address them with the attorney. If those concerns still exist after that, then he may wish to explore other alternatives.

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Answered on 7/01/01, 1:07 pm


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