TexasCHLforum.com

Not entirely true. Let's say I search your car (you have care, custody, and control of it) and you have a passenger sitting in the right front seat. While searching your car I find illegal drugs underneath the right front seat. Unless you own up and state that they are your drugs, I could charge the passenger with them depending on the totality of the circumstances.

Sure, I can see that. But I also notice you said that you could charge the passenger which means, I guess you could charge me as well? Am I right?

Supposing I don't have a passenger, am I not still responsible for aunt Myrtle's hydrocodone? Or, better yet...I bought a used car, that at one time had some dopers in it. You pull me over and I'm all by myself, the burden of proof for anything illegal in that car whether it is mine or not shifts to me, does it not?

Now I'm not an attorney and I don't play one on TV. But, a friend of mine is and his advice is NO! The way he explained it is this....

As an owner/driver of a vehicle, you become responsible for anything inside the car as far as the police are concerned.
HIS BEST CASE SCENARIO: You give consent and nothing is found. You are free to go.
HIS WORST CASE SCENARIO: You give consent and a couple of say hydrocodone tablets are found between the seat cushions. Now the truth could be your aunt Myrtle spilled her prescription two years ago when you took her to the drug store. But guess what? You now own the burdern of proving why you have a controlled substance in your possession without a prescription.

Can I account for everything and everybody who has ever been in my vehicle? Better question is do I want the burden of HAVING to account for it?

Something to think about...