Legal Question in Constitutional Law in New York
drugs found in car,passenger not in possession
If i am the passenger in my friends car and he has drugs somewhere in the car can i be handcuffed and brought to a police station even if i had no knowledge of the drugs, no drugs on me, i am not high, and i have no prior arrest or drug problem?
1 Answer from Attorneys
Re: drugs found in car,passenger not in possession
Yes. The police have a right under the circumstances you describe to detain you for a reasonable time to investigate your association with an illegal substance. They do not initially know whether or not you have knowledge of or an ownership interest in the controlled substance, so you are under suspicion of drug possession. If there is no evidence of your involvement with drugs you should be discharged after that determination is made.
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