How can the police legally arrest a felon for possession of a firearm if the gun was under the seat of a vehicle that he was a passenger in?

They were going swimming down at a creek and got pulled over. The felon was a passenger in the vehicle. He was unaware of the loaded 22 that the owner of the vehicle had under the seat (he used it for a snake gun).

Asked on July 23, 2012 under Criminal Law, Mississippi


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If the police reasonably believe (had probable cause to believe) that the gun was the felon's, they could arrest him. However, to convict him of a gun (or any other) charge, the authorities would have to prove beyond a reasoanble doubt that it was the felon's gun.

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