[IN] Can a passenger face marijuana possession charges for drugs found in a shared car?

Lexi, Chatbot

I understand how concerning this situation must be for you and your friend. Was your friend the only one in the vehicle at the time of the DUI and possession charge?

Lexi, Chatbot

Has your friend been formally charged, or are they still in the process of dealing with the police?

Lexi, Chatbot

Is there anything else the Criminal Lawyer should know before I connect you? Rest assured they'll be able to help with your friend's DUI charge.

Queeneth E. Esq

Hello and welcome to our service. My name is Queeneth. I am an attorney with over 8 years of legal experience. I will do my best to assist you today. First I need to ask you a few questions to give you the best answer. (Kindly note that our conversation does not establish an attorney-client relationship.)

What state did this incident take place in? Was the marijuana found tested for fingerprints or any evidence linking it to the other passenger?

Queeneth E. Esq

Thank you for the feedback. Please allow me some time to prepare a response. I will get back to you shortly.

Queeneth E. Esq

Thank you for your patience. A passenger can potentially be charged later, but the State would need evidence tying that passenger to the marijuana. Indiana marijuana possession requires that a person knowingly or intentionally possess marijuana. Basic possession is usually a Class B misdemeanor under (IN Code § 35-48-4-11), with higher penalties for prior drug convictions or larger amounts. For something found on the passenger floor, the issue is usually constructive possession. Indiana courts require proof that the person had both the capability and intent to maintain control over the item. When the area is shared, like a vehicle with multiple occupants, the State generally needs additional circumstances showing knowledge or control, not just that the person was in the car.

If the marijuana was on or near the passenger's feet, in plain view, and there are statements, fingerprints, movements, admissions, smell, packaging, or other evidence tying it to the passenger, the passenger could be charged. If there is only "marijuana was on the passenger floor" and no one admits ownership, the State may still charge the driver, passenger, or both, but proving possession may be harder. The driver can also be charged even if it was not physically on the driver, especially if police claim the driver knew it was there or controlled the vehicle.

Your friend should not say "it was the passenger's" unless their attorney advises it. That can create witness problems and may not solve the DUI. Your friend should get an Indiana criminal defense attorney and request discovery: police report, bodycam, dashcam, probable-cause affidavit, officer notes, passenger statements, field sobriety records, chemical test records, and any evidence about where or how the marijuana was found.

A safe thing for your friend to say is, "I want to speak with an attorney before answering questions about the vehicle, the marijuana, or the DUI." For the passenger, same idea, "I do not want to answer questions without a lawyer." Do not have your friend or the passenger text each other about whose marijuana it was. That kind of message can become evidence. Is there anything else you would like me to explain or any additional information you need?

Queeneth E. Esq

The passenger could still be charged later if police or prosecutors believe they have enough evidence connecting the passenger to the marijuana. But the State would need more than just "there was marijuana somewhere in the car." For a passenger, they usually need facts suggesting the passenger knew about it and had control over it, such as: it was on or directly by the passenger's feet; the passenger admitted it was theirs; the passenger made movements toward it or tried to hide it; it was in the passenger's bag or clothing area; there were fingerprints, texts, or other evidence; or the passenger was the only person with access to that area. Anything else you would like me to explain or any additional information you need? Feel free to ask.

Queeneth E. Esq

Yes, but if the passenger was never identified or listed in the police report, that makes a later charge less likely and harder. The prosecutor would need to know who to charge and have evidence tying that person to the marijuana. Indiana possession requires knowing or intentional possession, and ordinary marijuana possession is generally a Class B misdemeanor unless aggravating factors apply. If the report does not name the passenger, the State might still later identify them through: bodycam or dashcam video; the driver's statement; dispatch records; passenger ID shown on camera but not written in the report; later witness statements; phone or social media evidence; or prosecutor follow-up with the officer. But if there is no name, no ID, no statement, no video identification, and no evidence connecting the passenger to the marijuana, it would be difficult to charge that passenger. For timing, Indiana generally has 2 years to start a misdemeanor prosecution, and most marijuana possession charges are misdemeanors unless enhanced. Anything else you would like me to explain or any additional information you need? Feel free to ask.