Can everyone in a car be charged with poss of marijuana poss of a firearm ?

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Can everyone in a car be charged with poss of marijuana poss of a firearm ?

My friend was pulled over the police said he
smelled marijuana so he ask my find to step outta
the car ask could he search the car my friend
told him yes . An he found weed and gun in the glove
box. But me my friend didn’t know it was in the car .
It was a friend in the back we all got locked up .

Asked on July 12, 2016 under Criminal Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, if it is unclear who the firearm and marijuana belong to, but there is reason to believe it may be one or more of the people in the car--and finding it in the car provides that reason--the authorities may charge everyone with possession. In addition to being legal (being able to charge anyone who reasonably may have commited the crime) it is good strategy for the authorities--it encourages those who are innocent in the car to "rat out" the people who owned those things.


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