If police found drugs in your car, that discovery does not automatically prove that you knowingly possessed them or intended to supply them. Investigators may examine where the drugs were found, who had access to the vehicle, what each person knew, and any supporting forensic, financial or telephone evidence. Ask for free, independent legal advice before answering questions in interview.
Can I be charged if the drugs were not mine?
A possession allegation is not decided solely by who owns the car or who says the drugs belong to them. The Crown Prosecution Service describes possession as having physical possession or control of the item together with knowledge of its presence. A person does not necessarily need to know the precise legal classification of the substance.
In a vehicle case, relevant questions may include:
- where the drugs were located and whether they were concealed;
- who owned, used or had keys to the vehicle;
- whether fingerprints, DNA or other forensic evidence exists;
- what messages, call data, location evidence or financial records show; and
- what was said at the roadside and during police interview.
Could the allegation become possession with intent to supply?
Section 5 of the Misuse of Drugs Act 1971 distinguishes simple possession from possession with intent to supply. CPS guidance identifies evidence from which an intention to supply may be inferred, including quantity, packaging, purity, scales, bags, cutting agents, cash, communications, surveillance or admissions. No single feature should be viewed in isolation.
What are my rights if police search the car?
Police may stop and search a person or vehicle for controlled drugs when the relevant legal test is met. Before the search, an officer should explain the legal power being used, what they expect to find and the grounds for the search. You can ask for a copy of the search record. A search does not itself mean that you have been arrested.
What should I do next?
- Remain calm and do not obstruct a lawful search.
- Do not guess, speculate or agree with another person’s account.
- Note who used the car and who had access to it.
- Preserve relevant messages, location records and documents. Do not delete or alter material.
- Ask for a solicitor before any police interview.
Free and independent legal advice is available at the police station. You may ask the police to contact a solicitor of your choice who undertakes police-station work.
Frequently asked questions
What if the drugs were in a passenger’s bag?
The police should consider the evidence relating to each person separately. Presence in the same vehicle does not by itself answer who knew about, possessed or controlled the drugs.
Can quantity alone prove intent to supply?
Quantity can be important, but it is normally assessed with the surrounding evidence, including packaging, equipment, communications and any explanation provided.
Official sources
- Misuse of Drugs Act 1971, section 5
- CPS drug-offences guidance
- GOV.UK stop-and-search rights
- GOV.UK legal advice at the police station
This article provides general information about the law in England and Wales. It is not legal advice for any particular case.
Ghafar Khan, Criminal Defence Solicitor and High Court Advocate
24/7 mobile: 07500 556587
Email: notguilty@ghafarkhan.com
Acting throughout England and Wales
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