Illegal Drug Possession: How Can Someone Beat a Conspiracy Charge if Illegal Drugs Were Found but They Didn’t Know It Was There?
Question by Melinda Franco: How can someone beat a conspiracy charge if illegal drugs were found but they didn’t know it was there?
Best answer:
Answer by bcnu
Depends upon your state laws and “where” the drugs were found. As a general rule, however, you cannot be charged with “possession” of anything that you did not know you possessed.
Stranger runs up to you in the mall and says, “Quick. Hold this bag for me!” and runs away. Five seconds later, the police come around the corner, see you “holding the bag” and arrest you for “possession” of whatever is inside the bag. You are “not guilty”, having never legally “possessed” whatever is in the bag, unless you knew or should have known what it was and they can somehow prove that beyond a reasonable doubt.
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