Police officers sometimes find drugs in an individual’s pocket or their backpack. In those cases, it is very clear who the drugs belong to and who may soon face criminal charges. Other times, things are less clear.
Officers may respond to a noise complaint about a party, only to find cocaine on the kitchen counter. They might pull a driver with a full vehicle over for running a red light and then notice drugs in the backseat during the traffic stop.
When there are multiple people present and police officers find drugs in a location rather than on a person, it can be difficult to determine who broke the law. Everyone present may deny that the drugs belong to them. In such cases, one of the people present or with a connection to the location where officers found the drugs could face possession charges.
The state can allege constructive possession
When there are drugs on someone’s person, prosecutors can bring charges based on an allegation of actual physical possession. If the drugs are in a different location, then they may develop a constructive possession charge.
Constructive possession means that a specific person had knowledge of contraband and the ability to decide what happened to it. If police officers find drugs in a vehicle, they might assume that the driver or owner had constructive possession of the drugs. Other times, they might accuse the person closest to where they found the drugs. In a shared dwelling unit scenario, factors including proximity and access can influence who the state accuses.
How do people fight back?
There are several defense strategies that can work for those facing allegations of constructive possession. If police officers found the drugs while conducting a warrantless search, an attorney could use the exclusionary rule to prevent the prosecutor from using that evidence.
If there are fingerprints or other forensic evidence that do not connect to the defendant, expert witnesses hired by the defense team could help show that another person may have handled and technically possessed those drugs. The circumstances leading to the charges dictate what defense strategy is likely to be effective.
Discussing the state’s evidence can help people prepare to fight back against pending constructive drug possession charges. Defendants with appropriate support can potentially avoid a life-altering criminal conviction.
