Legal Question in Criminal Law in Texas

This is SOLELY intellectual curiosity: what happens to (a) the company and (b) the company owned vehicle when controlled substances / narcotics are found inside the vehicle by law enforcement? In this hypothetical case, a number of employees have access to the vehicle, used constantly and probably used to stash drugs of an employee who does not want to retain on his/her possession or own vehicle. PLEASE - do NOT ddress corporate and employee drug policies and future employment actions. INSTEAD, is the company fined? Is the vehicle impounded / confiscated? Can the company get the vehicle returned?


Asked on 5/13/11, 11:41 am

1 Answer from Attorneys
Cynthia Henley Cynthia Henley, Lawyer

The person driving the vehicle at the time of the find would probably be arrested for possession of the drugs - especially if they are easily accessible to the driver or they can be smelled or they are in open view. That person would have to put forth a defense and show that others have access to the vehicle, although if they can be smelled or are in open view the defense would not work very well.)

Because it is a company vehicle, the vehicle would probably be returned to the company unless there is some evidence that the company owner / manager knew that the employee was using the vehicle to transport the drugs, and then it might be subjected to forfeiture proceedings.

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Answered on 5/13/11, 11:54 am


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