MODEL PENAL CODE ANNOTATED
 

MODEL PENAL CODE

 
Section 5.06. Possessing Instruments of Crime;  Weapons.

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  (3) Presumptions as to Possession of Criminal Instruments in Automobiles.  Where a weapon or other instrument of crime is found in an automobile, it shall be presumed to be in the possession of the occupant if there is but one.  If there is more than one occupant, it shall be presumed to be in the possession of all, except under the following circumstances:

    (a) where it is found upon the person of one of the occupants;

    (b) where the automobile is not a stolen one and the weapon or instrument is found out of view in a glove compartment, car trunk, or other enclosed customary depository, in which case it shall be presumed to be in the possession of the occupant or occupants who own or have authority to operate the automobile;

    (c) in the case of a taxicab, a weapon or instrument found in the passengers' portion of the vehicle shall be presumed to be in the possession of all the passengers, if there are any, and, if not, in the possession of the driver.