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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23559
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I'm a felon I was driving my wife car with her in it and her

Customer Question

I'm a felon I was driving my wife car with her in it and her gun was locked in glove box she also did not give right to search
Submitted: 8 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 8 months ago.
Hello, Were you arrested?
Expert:  Zoey_ JD replied 8 months ago.
If the police felt that under the facts and circumstances they were presented with that you were in a position to exercise custody and control over the gun in the glove compartment they could arrest you for being a felon in possession of a firearm. It would not matter whether the gun was hers or yours. You've got control of the car and the keys to the car. That would generally be enough to show constructive possession. I don't know why you were stopped, and you did mention that your wife did not consent to the search of the car. If you were arrested and wish to fight the case, you would be able to challenge the stop and the legality of the search. If it is found after a suppression hearing that the gun was seized in violation of your 4th Amendment rights, the gun could be suppressed, meaning that it could not come in as evidence against you. If the possession of the gun as a felon was your only charge, then the case would be dismissed. You did not actually ask a question here, so if I did not address the issue you were most concerned about, please reply here on this question thread and I will respond.

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