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If drugs are found on a person, they're in possession of drugs.
If, as you're being pulled over, they were to throw a baggie out the window, or drop it on the floor of the car and you both denied that it was yours, you could both be charged with possession.
Dunno but back in the day, 82 or 83 when blow was the in thing, I had a sailing friend who´s brother had gone on a surf safari in his old VW and ended up in Peru. He live there a few years and eventually made a plan with my friend, he sailed down from LA in a 24´boat picking up his brother and sailing back with a bit of cargo. It was rather an adventurous trip, they had quite a few stories.
A while after he was back we were driving through LA with a borrowed boat on the way to a regatta in Marina Del Rey. I never really understood what was the big deal with blow is but I would do a line if you gave it to me. So my friend is drinking a beer as he is driving and gives me a little package so I can make a couple of lines for us. A cop watching the freeway from an overpass saw the beer. We get pulled over. I crumple up what I was holding and throw it under the seat. My friend does the same with his beer can. The cop searched the car for like 20 minutes looking for the beer can and overlooking the paper with the blow. The Coors can had found its way into a little nook and he could not find it, ended up giving up and letting us go.
We got to MDR pulled into the club and my friend opens the trunk and shows me what was back there, 2 kilos best Peruvian cocaine- I about cr*ped my pants.
Just watch an episode of "Cops". This scenario is covered at least twice an episode. What usually happens is, if the drugs are in the passenger's pocket, or if he claims the drugs as his, usually the driver gets a pass as long as he isn't stoned himself. If the passenger stuffs his drugs under the seat and then says "hey man, not mine" - guess who is going to jail first. The driver. You probably lose your car as well.
4 of you and no one confesses, more than likely all 4 go to jail/court until someone confesses and then the others are probably held with contempt of court and/or accessory' after the fact. Everyone is held accountable.
Each case is processed on it's own merits. A lawyer may have to sort it all out for you and it would be expensive.
I know of someone who got charged with possession, even though they didn't. It was a car of 4 college-aged boys. They were pulled over for a traffic violation. The officer said that he smelled marijuana and asked to search the car. The driver said "Sure, I have nothing to hide." (BIG MISTAKE!!!)
The one friend who they know smokes weed dropped the weed in the car before getting out. The officer found it and asked who it belong to. They all pointed fingers at the one weed smoker while he said it wasn't his. The cop took them all to jail.
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