If you’re wondering whether drugs found in someone else’s car Florida can still lead to criminal charges—the answer is yes. It happens all the time: You’re riding in a friend’s car when police pull it over. A search reveals drugs in the glovebox or under a seat—and suddenly you’re under arrest, even though the drugs weren’t yours.
So, can you really be charged with drug possession in Florida just for being in the car?
👉 The answer is yes—but a strong defense may beat the charge.
🚔 How Drugs Found in Someone Else’s Car Lead to Charges in Florida
Florida law allows police to charge you with possession even if the drugsaren’t on your body—as long as they believe you had “constructive possession.”
🔍 Constructive possession means:
You knew the drugs were there
You had control or access over where they were found
This is how passengers often get charged in multi-person traffic stops. But proving knowledge and control is often harder than it sounds.
❌ Proximity Alone Is Not Enough
Just because you were close to the drugs doesn’t mean you’re guilty.
🚫 Example: If drugs are found in a locked glovebox or hidden under a driver’s seat, and you’re a backseat passenger, the State must prove you knew they were there and had some control over them.
Florida courts have repeatedly held that mere proximity isn’t enough for a conviction. Your attorney can use this principle to fight the charge.
⚖️ What Prosecutors Must Prove
Under Florida Statute § 893.13, possession of a controlled substance includes both actual and constructive possession—and both are criminal offenses.To convict you of possession, the State must show:
You knew the drugs were present
You had dominion or control over the drugs or the location they were found
The substance was actually a controlled drug as defined by Florida law
If they can’t prove all three beyond a reasonable doubt, the case may fall apart.
🧠 Common Defenses in “Not My Car” Drug Cases
At Michael White, P.A., we’ve defended many clients charged under these exact circumstances.
Here are common defenses:
❌ You didn’t know the drugs were there
🔑 You had no control over the glovebox, bag, or compartment
🚘 You were a passenger, not the driver or vehicle owner
📹 Dashcam or bodycam footage contradicts the officer’s version of events
🧪 Chain of custody or lab testing issues with the drug evidence
🧾 Should You Talk to Police?
No. If you’re questioned during a drug stop, do not try to explain or deny ownership of the drugs. Anything you say can be used against you—and may even create the appearance of guilt.
Instead, say:
“I’m not answering any questions without my lawyer present.”
Then contact a criminal defense attorney immediately.
👨⚖️ Fort Lauderdale Drug Crime Defense Lawyer
Whether you’re charged with misdemeanor possession or felony trafficking, early legal intervention is critical.
At Michael White, P.A., we fight to:
Get charges dropped for lack of evidence
Challenge constructive possession
Negotiate reduced penalties or dismissal
🔍 More Answers About Drug Possession in Florida Traffic Stops
❓ Can police arrest everyone in a car if drugs are found?
Yes. Officers can arrest multiple people and let the prosecutor sort it out—but a good defense lawyer can challenge the arrest.
❓ What if the car isn’t mine?
That helps, but it’s not enough. The key issue is whether you had knowledge and control, not who owns the vehicle.
❓ Can a passenger be charged even if the drugs are in someone else's bag?
Yes, but prosecutors must prove you knew about the drugs and had access to them. That’s not always easy.
❓ Will I be convicted just for being near the drugs?
Not necessarily. Proximity alone isn’t enough under Florida law. Your lawyer may be able to get the case dismissed.
❓ What’s the penalty if I’m convicted?
Penalties depend on the drug type and amount—but even a small amount can carry jail, probation, and a permanent criminal record.