Legal Question in Criminal Law in Minnesota

borrowed friends car police found drugs can they charge me

I borrowed a friends car to go to the store and got

pulled over on the way back and the officer found some

weed and meth under the drivers seat i had nothing on

me that was drug related . I was being ticketed for d.a.s

(the owner of the car also had a suspended d.l. and the

officer ran the plates that the reason for the stop)and

the cop did an ''inventory search and found the drugs.

when i was Questioned i said ''whatever you found

wasn't mine and I do want a lawyer '' the Questioning

was stopped. At the contested omnibus my pub.def.

had that statement thrown out so I wouldn't have to

take the stand. What does the proscution have?


Asked on 3/31/02, 6:49 am

1 Answer from Attorneys
Thomas C. Gallagher Gallagher Criminal Defense

Re: borrowed friends car police found drugs can they charge me

It is difficult to say much of any value, based upon a hypothetical scenario a few lines long. One thing the prosecution may have is a statutory "permissive inference of knowing possession" for the "person in control of the motor vehicle when the controlled substance was in the automobile." Minnesota Statutes Section 152.028, subd. 2. Depending upon the totality of all the circumstances, that may or may not persuade a judge to allow the prosecution to bring the case to trial before a jury or judge; and, if so, could create a risk of conviction by verdict at trial.

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Answered on 4/01/02, 1:10 pm


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