Originally Posted by
Often1
It is the "unlawful possession" which is a crime under federal law and so long as it is being held temporarily for turn over to a law enforcement officer it's pretty clearly not "unlawful".
Clear as mud, or that (being held temporarily for turnover to a a LEO) would be a frequent and highly effective defense attorney line and fixed assets (e.g. houses or motels) and vehicle property seizures wouldn't be what they are.