Constructive possession means having legal control over an illegal item, even if it’s not physically in your direct possession. Unlike actual possession – where you are caught physically with an item – constructive possession involves situations where someone knows about the object and can control it, even if they’re not directly holding it.
This legal theory often comes up in cases involving controlled substances, such as when drugs are found in a car borrowed from a friend or discovered in a roommate’s room. In cases like these, the court asks two questions:
Do they know about the illegal substance?
When accused of constructive possession of illegal drugs, awareness of the situation matters. They must know that the drugs are there and that having them is against the law. The court judges this based on their actions, statements, and overall behavior.
But what if they were just borrowing that car? What if they just happened to be passing by when authorities raided the location? If the prosecution can’t prove that the person knew about the drugs, it weakens their case.
Do they have the power and intent to control the illegal substance?
Whether the person had exclusive access to the place where authorities found the drugs plays a significant role. If that person is the only one who has access, like their car or personal locker, it suggests they have control over the substances.
Conversely, if authorities found the drugs in a shared area, such as a living room in an apartment with other tenants, the assumption of ownership or control becomes weaker. Just having potential access doesn’t automatically mean control.
Not your stuff? Not your crime
Being in the wrong place at the wrong time does not merit a life-long mark on your record. If police charge you with constructive possession of drugs or other illegal items, work with a criminal defense attorney who can fight for your rights in court.