Many drug possession cases are straightforward legal matters. When police officers find drugs in someone’s pockets or inside a bag in their possession, it is a simple matter to establish that the individual had possession of prohibited drugs or controlled substances.
Sometimes, law enforcement professionals may find drugs in locations near people but not in their immediate physical control. Perhaps police officers find drugs in a vehicle with multiple people inside or operated by someone who moonlights as a rideshare driver. Maybe there are drugs in a residential home or a workplace.
Can the state bring drug charges against people who are simply near the drugs that police officers find?
Constructive possession charges are common
While actual physical possession charges are relatively common, state prosecutors can also claim that an individual had constructive possession of drugs. Constructive possession is a legal concept that applies when law enforcement professionals find contraband that everyone nearby denies owning.
If the prosecutor can convince the courts that a specific person knew about the drugs and could exert control over them, that person might face constructive drug possession charges. The owner of the vehicle or the person closest to the drugs that officers found might face accusations.
People with keys to a lock box or on the lease for a property where officers find drugs could also be at risk of constructive drug possession charges. The burden of proof is on the state to establish a connection between the defendant and the drugs.
Defense strategies differ in cases involving constructive possession as opposed to actual physical possession. Reviewing the state’s case with as skilled legal team is critical for those who want to fight pending drug charges accordingly.
