Can I be found guilty of possession of drugs if drugs was found under the passenger seat of the car that I was driving?

I was pulled over by a officer and he asked if he could search the car. I said yes even though the car was not mine and was not in my

name. He searched the car and under the front passenger seat he found a capsule containing Fentanyl. I did not know that there was anything in the car let along the capsule with fentany1 under the seat.

Asked on January 9, 2018 under Criminal Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, you can be, if the location of the drugs (in a car you were driving; near you--i.e. under the front passenger seat, where might have stashed drugs) plus any other evidence or testimony (for example, the car's owner testifying in a credible or believable way that the drugs are not his or hers and that he or she never saw drugs in the car before you drove it) are enough to convince a court "beyond a reasonable doubt" that you were the one with the drugs. It depends on whether there is any reasonable grounds to think the drugs belonged to someone else or whether they belonged to you; as stated, much will turn on what the car's owner says and if he or she is believable in saying it.


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