Legal Question in Criminal Law in Texas

If a person claims possession of something can another person be blamed


Asked on 6/19/11, 11:56 pm

1 Answer from Attorneys

Cynthia Henley Cynthia Henley, Lawyer

Yes. For example, if there are 2 people in an automobile and the police find marijuana on the floorboard of the driver's side but the passenger says it was the passenger's marijuana, the police do not have to believe him and can arrest and prosecute the driver.

Another example, there are 5 people living in a house. 10 people are at the house when police lawfully enter. There is marijuana in an ashtray on the coffee table in front of a guest of the house (who does not live there.) It is not burning and does not appear to be in current use. The police can arrest the person sitting in front of it even if one of the owners of the home says it is his.

I can think of other examples so if you want a more precise answer, you must provide more details.

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Answered on 6/20/11, 12:15 pm


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