Most drug possession charges are straightforward legal issues. In some scenarios, police officers may discover an individual in physical possession of a drug or under its influence. The accused person may have prescription medication for which they do not have documentation or a prohibited drug in their pockets or otherwise directly under their control. The evidence gathered by police officers may make it simple for the state to pursue criminal charges based on actual possession of drugs.
Occasionally, those accused of a drug offense face allegations based on constructive possession rather than actual possession. People who understand what constructive possession is may be able to develop a more effective response to pending drug charges.
What is constructive possession?
Constructive possession occurs when an individual has awareness of and control over drugs. While the drugs aren’t on their person, there is clear evidence indicating they are the owner or the party in control of the drug.
Police officers may have found the drugs under the seat of a vehicle with multiple occupants or inside a residence during a social gathering. If no one admits to owning the drug, then police officers may arrest someone based on suspicions of constructive possession.
They determine by proximity, access and even prior criminal records who is most likely to actually own and control the drugs. That individual may then face drug possession charges.
How do people fight claims of constructive possession?
There are several strategies that can help people challenge allegations of constructive possession. In some cases, there might be forensic evidence, such as fingerprints, that indicate a different individual may have been the actual owner in control of the drugs that police officers found. Other times, a lack of forensic evidence could help raise a reasonable doubt about whether a particular person was aware of the presence of those items.
For example, drugs found in a vehicle that someone uses for carpooling or rideshare purposes could belong to a passenger rather than the owner who drives the vehicle regularly. If there are no fingerprints or other forensic evidence tying the owner to the drugs found, that could undermine the state’s case against them.
Analyzing the evidence gathered by law enforcement professionals may help people respond more effectively to allegations of constructive drug possession. Choosing to fight the charges instead of pleading guilty to them may help individuals avoid the potentially life-altering consequences of a drug-related criminal conviction.