Video Transcript Below
In the state of Nevada, we have several festivals. One is the “Burning Man” and the other is the “Electric Daisy Carnival”. Frequently, people are arrested for drug possession at these types of events. They’re heavily policed and the police believe that they have a right to check people and sometimes infringe upon their right to be free from unreasonable searches and seizures.
If in fact, it’s a situation where you’re stopped in a car or the drugs were found on someone else in the vehicle, you have a defense that’s called mere presence. Simply because someone else possesses drugs and you own the vehicle, does not make you liable for the arrest. And usually, what they look for is if you had dominion of control – are the magic words in the law – whether you could have reached in the area or was it in your reach where the drugs were found.
So the mere fact that you own the vehicle and someone else is found to have drugs in the car does not make you liable.