Individuals accused of illegal drug possession are at risk of prosecution. The state can bring charges against them that might result in incarceration, probation and financial penalties. Frequently, drug possession charges begin with police officers encountering someone who has drugs in their pockets, in their bloodstream or in a bag they carry. Such situations lead to accusations of actual possession.
However, sometimes police officers find drugs in a vehicle, in a residence or near a group of people. In that situation, the state may pursue charges based on constructive possession. The assertion is that the person accused has knowledge of the drugs and control over them.
How does the state choose whom to charge?
In situations involving allegations of constructive possession, police officers and prosecutors choose one individual to hold accountable for the drugs they found. While there may have been multiple people nearby at the time of the search, details about the situation led the state to suspect that one of them, in particular, was the party who possessed the drugs. Multiple factors can influence who might face constructive possession charges.
Ownership of the surroundings is often a consideration. If police officers find the drugs in a vehicle or on private property, they may assume that the owner or renter is the party who owned the drugs. Access can also be a factor. If the police find the drugs in a locked box, for example, possession of the key could strengthen claims of constructive possession.
Awareness of the drugs and defensive behavior during the search could also strengthen claims of constructive possession. Text messages, social media activity and even prior criminal convictions can also all factor into who the state holds accountable for drugs found near someone instead of in their direct possession.
There could be several strategies available to those hoping to fight allegations of constructive possession. In some cases, a lack of forensic evidence could raise questions about whether someone knew about the drugs or had access to them. Other times, the presence of forensic evidence could indicate another person handled the drugs previously.
There could be a reasonable explanation for how items ended up in a home or a vehicle. They may have been left by a previous owner or brought by a visitor or passenger. Sometimes, defense attorneys can prevent the courts from using evidence obtained in a search if the search itself was inappropriate.
Examining the evidence gathered by the state is often part of developing a response to pending drug charges. Individuals accused of constructive drug possession may be able to avoid a conviction with the right response in court.
