If the police found drugs in your car, obtain legal advice before answering questions. Finding a substance in a vehicle does not automatically establish who possessed it, who knew it was there or whether anybody intended to supply it. The circumstances and evidence must be examined carefully.
What will the police investigate?
Police may arrest or invite a person to an interview under caution. They may search the vehicle, seize suspected drugs and examine items including:
- where the substance was found and who could access that area;
- vehicle ownership and who had recently used it;
- fingerprints, DNA or other forensic material;
- mobile phones, messages, call records and location evidence;
- packaging, scales, cash or other alleged supply indicators; and
- CCTV, number-plate recognition and witness accounts.
The prosecution must prove the relevant allegation. Under section 5 of the Misuse of Drugs Act 1971, possession and possession with intent to supply are distinct offences. The CPS explains that an alleged intention to supply may be inferred from matters such as quantity, packaging, equipment and communications, but each item must be assessed in its proper context.
Drugs found in someone else’s car
If you were a passenger or had borrowed a vehicle, the police may still ask what you knew and whether you exercised control over the drugs. Mere presence near a prohibited substance is not the same as knowingly possessing it. Equally, an explanation given without legal advice may create avoidable difficulties later.
Do not delete messages, alter evidence or contact other suspects about the investigation. Preserve relevant information and contact Ghafar Khan promptly for specialist criminal defence advice.
Can telephone and location evidence be challenged?
Yes. A phone being associated with a person does not necessarily prove who used it at a particular time. Messages can be incomplete or taken out of context, while cell-site evidence usually indicates an area rather than an exact location. Careful analysis may be required where the police allege joint possession, drug supply or conspiracy.
Frequently asked questions
Is police-station legal advice free?
Independent legal advice at the police station is free. Asking for a solicitor does not imply guilt and should not delay the investigation unnecessarily.
What if the drugs were not mine?
Tell your solicitor privately before interview. The defence may need to examine access to the vehicle, forensic evidence, communications and the movements of other people.
Authoritative sources
- Misuse of Drugs Act 1971, section 5
- CPS Drug Offences guidance
- Sentencing Council drug offences guideline
This article provides general information only and is not advice on an individual case.
Contact Ghafar Khan, Criminal Defence Solicitor and High Court Advocate. 24/7 mobile: 07500 556587. Email: notguilty@ghafarkhan.com. Acting throughout England and Wales. #CALLGFA.