A car is stopped for speeding late at night. When the officer walks up to the car, he notices a small, transparent film canister in the cupholder between the driver and passenger. As the canister is transparent he notices that it contains small crystals. He legally seizes the canister and discovers it contains crack cocaine. Both the driver and passenger deny that the drugs belong to them. Can both be charged with possession of the drugs?
Yes, they can both have possession according to the joint possession rule
Yes, they can both have possession according to the constructive possession rule.
No, the prosecution must use the evidence at hand to determine who possessed them.
No, when possession of contraband in a vehicle is unclear, the driver is charged.
