Quote:
Originally Posted by nostatic
How can a passenger be guilty of possession when it isn't on his person and isn't his vehicle?
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The law has developed into a defintion that possession (not just drugs but any contraband...say a machine gun) that can be either constructive or actual possession. Actual possession is pretty obvious...its in your pocket.
For someone to be in constructive possession the prosecution has to prove that a) you knew it was illegal and b) you have dominion and control of the contraband. Example: If you're riding along, the blue lights come on and the driver hands you cocaine wrap in a napkin and say throw this in the glovebox, you didn't meet the requirement that you knew it was contraband. As far as dominion and control, if you're riding in someone's car and they have a bag of pot in the locked console, and you don't know about it you have no knowlege and likely don't have domiinion and control because you don't have a key to the owners console.
Cars and homes have some fuzzy distinctions.