Legal Question in Criminal Law in Mississippi

Re: cocaine

Your question did not state with specificity which seat the cocaine was under. Presuming it to be under a seat other than the person who asked this question, the Police can still legitimately charge everyone in the vehicle with possession of the controlled substance. Otherwise the Prosecutor will obviously be faced with a strong possibility that the remaining (uncharged) occupants of the vehicle appear at the trial of the person charged to testify that someone else exercised dominion and control over the contraband, thereby possibly producing reasonable doubt as to the guilt of the person on trial. If everyone is charged it is more likely that those who knew nothing of the controlled substance will come forward together to provide sworn testimony implicating one (or more) of the other occupants in the vehicle.

If the Prosecutor can prove that each person exercised "Dominion and Control" over the cocaine then each such person for whom the proof was provided "beyond a reasonable doubt" may be convicted of possession of a controlled substance.

The fact that the cocaine is in a medicine bottle with "Mom's" name on it is of no consequence and is not important unless: (1) Mom was in the vehicle at the time of the traffic stop; AND (2) the bottle was a legitimate prescription for the cocaine in the bottle (highly unlikely, of course, but theoretically possible if Mom just endured nasal reconstructive surgery, for example). In addition the driver can be charged with any number of traffic violations depending on the conduct observed by the Police Officer prior to the stop. If a person in the vehicle was actually unaware of the presence of the cocaine in the bottle/vehicle then that person should immediately consult competent and experienced criminal defense counsel.