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It appears that the police are using the doctrine of constructive possession to bring your brother into the matter, since he was in the car and could have been thought to have possession of the bong. However, based upon the testimony of your brother and the friend, your brother should file a Motion to Dismiss on the ground that mere proximity to contraband, without more, is not a basis to construe possession of the contraband to the person. If the friend will prepare an affidavit stating that the bong was his and that your brother had no control or use of it, that should be enough to prevail on the motion before trial, or at the worst to be given a judgment of acquital at the close of the state's case.
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