Legal Question in Criminal Law in Texas
Charged while sitting on passenger side
If you are riding in someone else car and the officer stop you due to driver having outstanding tickets. They found a crumb of crack on passenger side and arrest passenger. Is this the law?
1 Answer from Attorneys
Re: Charged while sitting on passenger side
Possession means having care, custody, control, or management over the contraband. Your facts illustrated potential probable cause for the arrest of the passenger, if the police officer could articulate facts connecting the passenger to the cocaine. That said, however, the difficult burden for the prosecutor will be to prove, beyond a reasonable doubt, the passenger knowingly possessed the cocaine. Regretfully, your question does not reveal enough facts to form a conclusion.
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