Can I be charged with possession if I didn't know I was in possession of anything illegal?
Question Details: I recently got arrested for possession of meth, a Class D felony. The item they found during search was a bottle given to me by the guy who I was arrested with that day and he had a large amount of multiple drugs including meth. Being that I was not aware that the bottle he gave me had a residue of drugs in it can I still be charged with possession? Had I known it had trace amounts of anything illegal I wouldn't have accepted it or been carrying it around in my purse for days before we were arrested.
If there is evidence suggesting you did or likely knew about the drugs, you can be charged. If you knew that the other person used or sold or bought drugs, then, for example, that would be enough to suggest that you would or should have known that it contained drugs. To convict you, however, they need much stronger evidence--they have to be able to prove you knowledge (or again, that you should have known (i.e. that any reasonable person in your shoes would have known)--"beyond a reasonable doubt." So a sufficient reasonable suspicion that you knew the bottle did or likely had drugs, sufficient to arrest you, may be too little to convict; to convict, they have to prove that you knew or should have known.