Can I be charged with posession of a controlled substance if the drugs were found in my car while I wasn’t in it?

I was arrested inside a gas station for public intoxication and my car was searched. The police found 2 different kinds of pills in a container. I’m being charged with posession of a controlled substance schedule 2, 3 and 4. How is that if they only found 2 different kinds of pills? And did they have the right

to search my car if I wasn’t in it when I was arrested?

Asked on March 29, 2017 under Criminal Law, Mississippi


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

1) Certain drugs may be on more than one schedule, and/or when the drugs were tested, they may have had results which fall under more than schedule: that could account for two pills under three schedules.
2) They could search your car because it was not at your home or other parking spot you have for long term use; it was at someone else's property (the gas station) and had to be moved taken into custody--that allows them to search it for contraband or dangerous items before it is moved or stored elsewhere. Furthermore, because you were arrested for intoxication, it was likely the intoxicants were in the car, but if not secured before the car was moved, would be taken, lost, thrown out, etc.--so valuable evidence was in danger, and the urgency can also justify a search.

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