It is illegal for people to possess banned drugs like methamphetamine. The state can also prosecute anyone caught in possession of a controlled substance without a valid recommendation from a physician. Drug charges often start as relatively minor traffic stops.
Police officers pull a motorist over for a minor infraction. What they uncovered during that encounter leads them to suspect more serious criminal activity. They may ask for permission to search the vehicle. If they smell or see something unusual, they may have probable cause to search even without consent.
When police officers search a vehicle, they may find drugs stashed under one of the seats or in the trunk of the vehicle. If no one admits that the drugs belong to them, the state can still potentially prosecute one or more of the people in the vehicle. How do police officers choose who to arrest?
Constructive possession depends on knowledge and control
Frequently, the main considerations when bringing a constructive possession are who had control over the drugs and knew about their presence. In some drug possession cases, there’s only one person present. Even if the drugs aren’t on a suspect’s person, it is relatively easy for officers to choose who to arrest.
In a situation where there are multiple people in a vehicle together, any of them may have technically been the owner of the drugs that the officers found. The officers may consider a few factors when deciding whom to hold accountable. They look at proximity. Often, hidden drugs are in a location that an individual could easily access. The person seated closest to the drugs may have been the person to hide them.
In cases where officers find drugs in the trunk or a locked glove box, access can also be a key consideration. They may be more likely to suspect the vehicle’s owner or operator than other occupants because not everyone has access to those locked spaces.
Drug charges based on constructive possession are not always as strong as basic drug charges. Defendants accused of constructive drug possession may need help developing a defense strategy. Analyzing the state’s evidence with a skilled legal team is often a key component of a successful drug defense approach.