Drug possession is typically a clear-cut criminal matter. If police officers find drugs in someone’s pockets or in their purse, they typically refer the case out to the prosecutor promptly. Those in actual physical possession of drugs have options for defending themselves if they have appropriate support.
Still, they are not the only ones who might end up accused of a drug offense. Police officers might conduct a search where there are multiple people present. They might have reports of illegal drug trafficking at a business and may search company property. They might search a private residence after noise complaints due to a party. Police officers can also search vehicles that have multiple people inside them.
If they find drugs in a shared space but not in the direct possession of a person, officers may be unsure who actually owns the drugs. If everyone present denies that the drugs are theirs, what happens next?
The state may build a constructive possession case
People do not have to physically have items in their hands to legally possess those items. State prosecutors may be able to pursue drug possession charges against people based on the legal concept of constructive possession. Essentially, the state alleges that a specific person knew about and had control over the drugs that officers found.
Police officers and prosecutors have to determine which person was likely the owner of the drugs. In some cases, forensic evidence could help with a constructive possession case. The presence of fingerprints could connect the defendant to the drugs.
Other times, the person closest to the drugs may face the most scrutiny. In some cases, having verifiable access to certain spaces or a history of criminal convictions could lead to constructive possession charges.
The penalties for a drug offense are the same regardless of whether the state alleges that a person had actual possession or constructive possession of the drugs in question. However, the defense strategy that is most likely to work is vastly different depending on the circumstances.
Understanding the legal basis for the state’s case can be the first step toward a viable criminal defense strategy. Individuals facing drug charges often need support responding in a manner that minimizes their risk of incurring long-term consequences.