When police officers find drugs in someone’s pockets, in a backpack or in a purse, they can typically accuse an individual of having actual physical possession of contraband. The state can pursue a straightforward criminal case against that defendant.
Other times, police may find drugs in an apartment, a workplace or a vehicle. In such scenarios, everyone present may insist that the drugs don’t actually belong to them. When that happens, the state may pursue constructive drug possession charges against one of the people present or one of the people who had access to the space at issue.
How is constructive possession different?
People generally don’t have items in their pockets or purses unless they put them there themselves. However, other people can bring items into a person’s home, vehicle or workplace. Constructive drug possession charges require strong evidence from the state.
In scenarios where police officers find drugs near someone or in a space that they can access rather than on their person, the state has a different standard to meet when prosecuting the alleged offense. Specifically, prosecutors need to show that the defendant accused of constructive possession was aware that the drugs were there and had control over them.
They may achieve this by referencing prior text messages or social media posts attributed to the defendant. They might use forensic evidence, such as fingerprints, or even statements made by other people. The appropriate criminal defense strategy is also frequently different in a constructive possession case.
The type of drugs, the location of the drugs and even the history of the defendant can all influence the best way to respond. Reviewing allegations that led to drug charges with a skilled legal team may help defendants respond in a way that prevents a life-altering conviction.