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Q: The cops charged all four occupants of my friend’s car with possession even though the drugs were found in the glove box.  Can they do that?

A: Yes, all occupants of a vehicle can be arrested if drugs are found in the car.  However, convicting all of the occupants is a completely different issue and requires the State to prove constructive possession.  The State would have to show the accused had “dominion and control” over the drugs- that the accused knew the drugs were there and had the ability to control them even with no evidence the drugs were in the accused physical possession (i.e., in pocket, etc.).  In the big picture, unless an occupant admits to knowing the drugs are in the car, the State will have a very difficult time proving the occupants knew the drugs were in the glove box.

Posted about Drug Crimes / Drug Trafficking in our FAQs section.