If you’re pulled over or stopped at the border and illegal goods are found in your vehicle, you might be charged with smuggling—even if you didn’t know the items were there. Washington and federal law allow law enforcement to make arrests based on possession, but to convict, prosecutors must usually prove that you acted knowingly.
What Is Required to Convict Someone of Smuggling?
In most criminal cases, the prosecution must prove two things: that you committed the act (in this case, possessing or transporting illegal items) and that you did so knowingly or intentionally.
Under RCW 69.50.4013, it’s unlawful to “knowingly possess” a controlled substance. This wording matters.
The Washington Supreme Court ruled in State v. Blake that without proving knowledge, a possession conviction violates due process. The same logic tends to apply to other charges like trafficking or smuggling—intent or knowledge must be established.
Can You Be Arrested Even If You Didn’t Know?
Yes. Law enforcement may arrest anyone in possession of illegal goods, regardless of whether they knew.
If contraband is found in your car, luggage, or home, you could be arrested on the assumption that you were involved. It then becomes a matter of proving your knowledge in court.
When Lack of Knowledge Can Be a Defense
If you didn’t know about the illegal goods, your attorney can present an unwitting possession defense, arguing that although the item was found in your possession, you lacked the intent or awareness required for conviction.
This defense may apply in situations like:
- Driving a car loaned to you by someone else
- Receiving a package you didn’t know contained illegal materials
- Carrying luggage or a bag that someone else packed or tampered with
To support this defense, attorneys may rely on:
- Lack of fingerprints or DNA on the contraband
- The defendant’s credible denial of knowledge
- Evidence showing someone else had access to the area or item
Willful Blindness and Its Risks
Prosecutors may argue that you chose to ignore obvious warning signs, a concept known as willful blindness.
For instance, if someone offers you money to drive a sealed package across the border and you never ask what’s inside, a jury might find you deliberately avoided the truth and are still legally responsible.
Smuggling and Federal Law
Smuggling charges often arise under federal law. 18 U.S.C. § 545 covers smuggling goods into the United States.
Prosecutors must prove you intentionally brought goods in illegally, but circumstantial evidence (such as concealment or your behavior at the border) can be enough to charge you.
Penalties under federal law include:
- Up to 20 years in prison
- Seizure of your vehicle or property
- Immigration consequences for non-citizens
What to Do If You’re Accused
If illegal goods are found and you’re arrested, do not try to explain your way out. Instead:
- Remain silent and ask to speak with a lawyer
- Avoid guessing or speculating about what the item is or how it got there
- Tell your attorney who had access to the vehicle or container
An experienced defense lawyer can investigate the facts, evaluate whether you had control over the items, and argue that you lacked the required knowledge.
Facing smuggling or possession charges in Washington?
Your intent—and whether you knew what you were carrying—can make all the difference. Get legal advice right away.
Contact Scott Lawrence at Snohomish Law Group to protect your rights and fight the charges.
The content in this article does not constitute legal advice and is provided for informational purposes only. If you are facing criminal charges or have legal concerns, consult directly with a qualified attorney to discuss the specifics of your situation.
