Many drug possession cases begin with officers finding drugs on a person. People who have controlled or prohibited substances in their pockets or bags are at risk of criminal prosecution. In some cases, police officers find drugs, but they are not clearly in the possession of any individual. A search of a residence, business or vehicle might find drugs hidden somewhere. Everyone present may claim that the drugs do not belong to them.
In those circumstances, can the states still charge someone with a drug possession offense?
Prosecutors can build constructive possession cases
Evidence of actual physical possession of a drug puts a prosecutor in the strongest position to bring a drug possession charge against an individual. However, they can also bring charges in cases where they find drugs near someone or on private property. They can claim that someone present or who had access to the property or vehicle had constructive possession of the drugs that police officers found.
To pursue a claim of constructive possession, the state must show that an individual was aware of the countryman’s presence and had control over it. Factors including access, proximity and prior criminal records can influence who the state accuses of possessing drugs found during a search. People accused of constructive possession face the same charges and potential criminal penalties as those accused of actual physical possession of drugs.
Defendants hoping to fight drug charges based on claims of constructive possession likely need guidance. Consulting with a criminal defense attorney can help people challenge the case against them as effectively as possible.