What Is Constructive Possession? When Drugs Aren’t Found on Your Person

Many folks assume that they can’t be charged with drug possession unless the drugs are found in their pockets, bags, or hands. According to Georgia law, however, the prosecution can present a case against you on the basis of “constructive possession.” Understanding how constructive possession works can help your case considerably.

What is constructive possession?

Actual possession of drugs involves their discovery on the body of a particular person. Constructive possession differs from actual possession. It is concerned with situations where the authorities allege that the defendant was capable of “exercising control” over the drugs illegally stored elsewhere.

Cases of constructive possession usually appear when drugs are found in:

• A common car
• A house where several people live
• A rented apartment
• A backpack, which is kept near the defendant
• An area such as a storage that is under the control of the defendant

Since cases of constructive possession involve many issues related to circumstantial evidence, they may be considerably more difficult than those of actual possession.

Shared spaces and complicated cases

A typical situation involving constructive possession is when a car has multiple passengers. If the police find drugs in the car, but not on the person of any of its occupants, they can charge everyone in the car with constructive possession.

Likewise, drugs that were discovered in an apartment or house in which there are several occupants follow a similar path. A police officer can charge everyone in the house with constructive possession if the drugs are found in a common area. For the prosecution to prove its case, it has to show a connection between the defendant and the drugs. Proximity alone cannot be taken as proof of constructive possession.

Evidence prosecutors can use

The prosecutor can prove constructive possession by presenting multiple facts rather than relying on a single piece of evidence. Based on the facts surrounding each case, the prosecutor can claim that the accused:

• Accessed the place where the drugs were discovered
• Controlled the car or house
• Was linked to the drugs through statements made by them
• Had access to keys, personal property, or papers related to the drugs
• Tried to conceal or destroy evidence

Each case is unique in its own way.

Potential defenses

In constructive possession cases, there will usually be an opportunity to attack the prosecution’s case in terms of the evidence. Your defense lawyer could argue that:

• Several persons have equal access to the premises in question
• The drugs did not belong to the accused person
• It is not possible for the prosecution to show that the accused person was aware of the presence of the drugs
• The conduct of law enforcement was unconstitutional

Since constructive possession cases often rely on inference rather than direct evidence, a careful analysis of the facts is important.

Talk to a Cobb County, GA, Drug Possession Lawyer Today

Andrew L. Schwartz, P.C., represents the interests of Georgia residents in Cobb County who are facing drug charges. Call our Cobb County drug crimes lawyers today to schedule an appointment, and we can begin discussing your next steps right away.