Legal Question in Criminal Law in Nevada
Vehicle Searches
During a traffic stop a handgun was found under the passenger seat where I was sitting. The gun was not mine but the driver (who was wanted for jumping parole) stated that it was. I was charged with ex-felon in possession of a firearm. Can I be convicted on the drivers statement? What constitutes possession or control of the weapon? There are no fingerprints or other evidence to show the gun was mine, all there is is the drivers statement.
Asked on 3/26/04, 2:01 am
1 Answer from Attorneys
James Smith
James E. Smith Ltd.
Re: Vehicle Searches
Possession must be shown by the person having dominion and control over what is possessed. That is hard to do with something under a seat in someone else's car.
Answered on 3/26/04, 11:49 am
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