How can someone get charged with drug trafficking when they was nowhere near the drugs or crime scene

UPDATED: Sep 30, 2022

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How can someone get charged with drug trafficking when they was nowhere near the drugs or crime scene

My friend let his girlfriend
borrow his car and she got pulled
over an they found drugs in his
car and I guess she said that the
drugs wasn’t hers so they went to
his house and arrested him for it.
How is this legal

Asked on January 19, 2017 under Criminal Law, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

It's legal because there is some reason to think--some "probable cause" to believe--that the drugs were his. You don't need to be near an item or object to own it, after all; your cell phone is still your cell phone if you lend it to someone else or leave it behind at work by mistake. In this case, the drugs were in his car and the person who was driving the car claimed they did not belong to her; those two facts together provide probable cause, or a basis, to arrest him.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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