Drug Possession Charges for Drugs in Somebody Else's Handbag

[lawfacts]

The front seat passenger of a vehicle had a wallet but didn't bring a purse, so she put her wallet in the driver's handbag. The police stopped their vehicle and found drugs in the driver's handbag. Due to the fact that the passenger's wallet was in the handbag, the passenger is being charged with felony drug possession. How can the passenger beat the charge?

[Mr. Knowitall]

Assuming no confession, if there are two wallets in the handbag, the driver's and the passenger's, then it would seem likely that both were charged with possession with the passenger charged on a theory of constructive possession based upon the passenger's ability to use the purse for storage. If only the passenger's wallet was in the handbag, and the driver did not admit to owning the handbag or drugs, then the passenger may be facing charges on the belief of the police that the handbag and all of its content belonged to the passenger.

The passenger should consult a criminal defense lawyer. The lawyer can see what statement the driver is willing to make in relation to the handbag and drugs, and whether the passenger was aware of the presence of drugs in the purse. If the prosecution is taking the position that the handbag belongs to the passenger, the lawyer may also evaluate whether the police had permission or probable cause to search the handbag, and if there may be a basis to suppress the fruits of the search based upon a lack of permission and proper cause or an exception to the warrant requirement.