Many drug possession charges are straightforward criminal offenses. Police officers encounter someone with drugs in their possession or in their bloodstream. Prosecutors then bring charges based on the actual physical possession of illegal drugs or prescription medication without a doctor’s recommendation.
Occasionally, people end up accused of drug possession without drugs being on or in their bodies. Police officers may arrest one of several people present when they find drugs. Prosecutors can build their cases by alleging that a defendant had constructive possession of drugs.
What does it mean to have constructive possession of a prohibited drug or controlled substance?
Evidence must point to having control over drugs
Constructive possession means that an individual possessed drugs but did not have them in their physical possession at the time of a police search. The state alleges that the accused person had knowledge of and control over the drugs.
Constructive possession charges typically arise in scenarios where police officers find drugs at a location but not in someone’s direct possession. The state may pursue constructive possession charges after finding drugs tucked under a seat in a vehicle with multiple occupants or stashed inside a coffee canister in a shared living space.
Claims of constructive possession require evidence connecting one person to the drugs found in that shared space. It might be forensic evidence, including fingerprints, on drug packaging that helps connect someone to the drugs police officers locate.
Other times, it might be a history of involvement in the drug trade combined with proximity or access. For example, the person sitting closest to where police officers found the drugs may face more scrutiny than those in another room or in a different part of the vehicle.
Ownership of a property, access to locked spaces and a perceived awareness of what officers find could all provide the grounds for claims of constructive possession. Sometimes, text messages or activity on social media can help strengthen claims of constructive possession. A history of criminal offenses or connections to the drug trade can also lead to an individual’s prosecution.
Fighting drug charges based on claims of constructive possession may require careful preparation. Individuals who learn about the law and who secure the right support have the best chance of proving that drugs which police found in a vehicle or living space didn’t belong to them.