Can Both Be Charged with Possession When One Is Found with Drugs?

When two individuals are searched by the police and one is found in possession of drugs, legal questions related to charges can become complex. Typically, police have the discretion to charge either one or both individuals, depending on the circumstances. This article aims to clarify the situation and provide insight into how such a case might be handled.

Understanding Legal Charges and Probable Cause

When it comes to criminal charges, the police need probable cause to believe you committed a crime. Having drugs on you can create this probable cause. However, you can also be arrested without drugs on you if there are other reasons to suspect you committed a crime, such as circumstantial evidence or behavior that raises suspicion.

To determine if someone can be charged with possession, the court looks at the specific laws in their jurisdiction. In the context of Canada, the applicable law would be the Criminal Code.

Joint Possession and the Role of Probable Cause

Under Canadian law, two people can be in joint possession of almost any item, which can lead to charges against both if one is found with the item. The crucial factor is the presence of probable cause. The term “probable cause” generally means that it is more likely than not that the individual possessed the drugs.

The specific wording in the question, "one is found in possession," suggests that if one person is found with the drugs, it would most likely lead to charges against that person. However, the decision to charge both individuals would depend on additional evidence and circumstances.

Location and Evidence in Shared Spacing

The location where the drugs are found plays a significant role in determining whether both individuals can be charged. If the drugs are found on one person, they alone may be charged with possession. However, if the drugs are in a place accessible to both individuals, both could be charged. For example:

Shared House: If drugs are found in a shared house's bathroom, both people could be charged if they are jointly responsible. Occupied Car: If drugs are found in a car where both individuals were present, both could be charged.

Even if the drugs are found in a roommate's bedroom and the roommate denies possession, the authorities may question the other person. Whether charges are filed depends on factors such as the amount of drugs, the person's prior history, and the nature of their relationship. In cases involving minors, especially in a domestic setting, charges may be more lenient.

Case Studies and Real-World Scenarios

A real-world example involves a couple found with a significant quantity of methamphetamine in a work truck. Both were arrested for possession, but the situation differs from the one described:

Blame and Confession: Both claimed the company hid the drugs without their knowledge. However, smoking the drug while driving provided sufficient probable cause for their arrest. Outcome: Both were charged, although only one was eventually convicted. The passenger, who did not know about the drugs, still faced severe consequences, including job loss and a lengthy jail sentence.

These scenarios illustrate the complexities of such legal cases and the discretion exercised by law enforcement and courts. The outcome often hinges on the specific evidence and individual circumstances.

Conclusion

While the initial arrest might be directed at the person found with drugs, the final decision to charge both individuals can be complicated. Factors such as the location of the drugs, access to the item, and individual behavior can all influence the outcome. Legal advice is essential in navigating these scenarios to ensure the best possible outcome.