There are several spaces people may share with others. Sometimes, multiple people ride together in a vehicle. They may be coworkers carpooling or friends on their way to a party.
Most people live with others. Whether those people are family members or roommates, they may have certain spaces that are shared and certain spaces that are private. Being in the immediate proximity of other people can sometimes lead to legal challenges.
If police officers decide to conduct a search in a space with multiple people present, they may reach the wrong conclusion about who is to blame for anything illegal they find. People may end up getting arrested for drugs that do not belong to them.
Actual possession is not the only type of possession
Many drug charges involve allegations of actual drug possession. Police officers find the substances on someone’s person, in their bodies or in their immediate possession. There is no question that they were aware of the drugs and had control over them. People get arrested for both banned drugs and controlled substances prescribed by doctors.
If police officers find drugs in a space occupied or shared by multiple people, the situation may be less clear. If no one admits to owning the drugs, then police officers or prosecutors have to choose who may be responsible.
Factors including access to the space, proximity to the drugs, prior criminal convictions and even conduct on social media can influence who the state believes actually knew about and control the drugs found in the search. In situations where the state alleges that someone possessed drugs but did not have them in their possession, they bring charges under constructive possession rules.
The prosecutor must establish that the person prosecuted knew about the drugs and had the ability to decide what happened to them. The charges and penalties are the same in cases involving either constructive possession claims or evidence of actual possession.
Fighting against drug charges based on constructive possession requires a unique approach. Seeking legal guidance may help those facing drug offenses understand the law and their own options for mounting a successful defense in criminal court.