MY FINANCE GOT A RIDE TO THE CASINO WITH HIS SISTER AND HER BOYFRIEND ON SUPER BOWL SUNDAY . ON THE WAY HOME THEY WERE STOPPED

Asked over 1 year ago - Los Angeles, CA

CONTINUE - BY THE PECULATE POLICE DEPT AND FOUND MET UNDER THE HOOD OF THE DRIVER HIS SISTERS BOYFRIEND . . . WHO'S IT WAS AND NOT THE 2 OTHER PASSENGERS . PLUS IT BEING UNDER THE HOOD HE IS THE OWNER OF THE VEHICLE AND THE OTHER 2 PASSENGERS HAD NO IDEA HE EVEN HAD THIS IN HIS POSSESSION . . BUT ALL WERE TAKEN TO JAIL AND ARRESTED AND BOOKED AND STILL ARE IN JAIL . . . WHAT IS THE LAW ON THIS ISSUE ?

Attorney answers (3)

  1. Seth Andrew Weinstein

    Contributor Level 15

    2

    Lawyers agree

    Answered . It is very tough to follow your story. I think you said meth was found underneath the hood of the vehicle that belonged to the driver. No one owned up to the meth. If the meth was found underneath the hood, the other passengers should have a good case for a dismissal. The law states that possession is what is within the reach of an individual. This would not be within the passenger's reach.

    Seth Weinstein, Esq.
    Practicing throughout Southern California
    (310) 707-7131
    www.sethweinsteinlaw.com

    This reply should NOT be considered a legal opinion of your case / inquiry. At this time I do not have sufficient... more
  2. Joseph Salvatore Farina

    Contributor Level 17

    2

    Lawyers agree

    Answered . Passengers are generally not criminally liable for contraband found in a vehicle unless it was under their seat or within their reach. The driver is responsible for contraband in the vehicle.

  3. Gayle Anne-Marie Gutekunst

    Pro

    Contributor Level 17

    1

    Lawyer agrees

    Answered . I'm curious why they got stopped and how the reason for the stop justified looking under the hood. (I'm not asking you to answer this; I'm just musing on the 4th Amendment issue.)

    In a trial for allegedly violating Health and Safety Code section 11377 (possession of meth) the DA must establish, among other things, that the accused actually knew of the presence of the meth. From your description in your question, your boyfriend did not know it was there.

    Please stop talking about this, though. Your boyfriend needs to keep quiet, too. When people are facing criminal charges and the prospect of going to jail, friendships tend to slip by the wayside. It's just better to be discreet and not generate any rumors or gossip.

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