Many drug charges stem from sales, manufacturing or actual possession. Police officers find drugs in someone’s bag or their pockets. They encounter the person while they are under the influence of a prohibited drug and arrest them. Those involved in the distribution or manufacturing of drugs often get caught in locations and with items that clearly connect them to criminal activity.
Occasionally, police officers find drugs but do not necessarily know who they belong to because they are in a shared space. Officers coming to a party because of a noise violation might find drugs in a large room with multiple people present. Everyone there might deny being the owner of the drugs.
What typically happens when ownership of unlawful drugs is unclear?
The state may pursue constructive possession charges
Actual possession is illegal, but so is constructive possession. Constructive possession involves having control over drugs and access to them even if they are not physically in the hands or on the person of a suspect.
A person transporting drugs in the trunk of their car potentially has constructive possession of those drugs. Someone hosting a party and supplying attendees with drugs could also face charges.
Officers may choose who to arrest based on forensic evidence such as fingerprints. Proximity to the drugs, being on the lease at the apartment or statements made by other people could also help support allegations of constructive drug possession.
The circumstances that lead to drug charges can have a direct impact on the best defense strategy to employ. Reviewing the state’s case with a skilled legal team can help those accused of constructive drug possession find ways to prove that they did not break the law.