Getting pulled over by police is stressful enough. But what happens if they search your car and find something illegal—like drugs or a weapon—and it isn't even yours? Maybe it belonged to a passenger. Maybe you loaned your car to someone. Maybe you didn't even know it was there.

So, can you still be charged?

In Nevada, you can. But that doesn't mean you'll be convicted. These situations fall under what's called “constructive possession,” and there are real ways to challenge the connection.

What Is Constructive Possession?

Constructive possession is a legal theory used when someone doesn't physically have an item on them—but is close enough to it, or has enough control over it, that the law considers it theirs.

Even if something illegal wasn't found in your pocket or hands, the state may argue you “possessed” it because:

• It was in your car

• You were the driver or owner of the vehicle

• It was within your reach or in plain view

• No one else claimed it

The more control or knowledge the government thinks you had, the stronger their argument becomes.

What If It Belonged to a Passenger?

If the item was in a passenger's bag, under their seat, or right next to them, the key question becomes whether you knew about it and had control over that area. That's where things get murky.

The prosecution might argue you were “acting together” or must have known something illegal was in your car. But a good defense can flip that: maybe someone else had exclusive control, and you had no reason to suspect anything illegal was present.

Example: You give someone a ride. Unknown to you, they have drugs in their backpack. The officer finds it during a search. Unless the state can prove you knew what was in the bag—or helped conceal it—they may have a tough time making the charge stick.

Can You Be Charged for Letting Someone Use Your Car?

Yes—and it happens more than you'd think.

Let's say you lend your car to a friend. They stash a gun or drugs in it. A week later, you get pulled over and police find it. You didn't even know it was there—but the state might still try to pin it on you.

This is another form of constructive possession: you're in possession of the vehicle, and the item is found inside. But even then, they still need to prove you knew it was there. If they can't show knowledge or intent, your defense is strong.

How Do We Fight the Charges?

If you're charged based on something found in your car, there are several ways to challenge it:

Lack of Knowledge or Control
We push back on the idea that you knew the item was there. If someone else had exclusive access, or if there's no evidence you were aware of the item, we expose that.

Unlawful Search
If police didn't have a valid reason to search the car—no warrant, no probable cause—we can file a motion to suppress. If the evidence gets thrown out, the case may fall apart.

Weak Logic
Just because something is physically near you doesn't prove guilt. We challenge the state's assumption that proximity equals possession. It doesn't.

Witness Credibility
If a passenger is the true owner but refuses to take the blame, we'll dig into their story, cross-examine them, and highlight their contradictions.

Bottom Line: Don't Let Proximity Equal Guilt

Innocent people get charged simply because of where they were sitting, who they were with, or what car they were driving. If something illegal is found in your vehicle, that doesn't automatically make it yours—and the law knows that. But you need a defense that makes that clear.

At Liberators Criminal Defense, we know how to challenge these assumptions. We've helped countless clients fight constructive possession cases and win. If you've been charged because of something found in your car, call us. We'll get to work proving what really happened.