Understanding the concept of constructive possession is important for defendants because it can have a significant impact on criminal cases. Under this legal theory, you could be charged with possessing an illegal item even if it wasn’t physically on you at the time of arrest. You can still be legally responsible and face criminal charges for items that aren’t actually in your physical possession or even your presence.
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The Elements of Constructive Possession
To establish constructive possession, the prosecutor has to prove certain elements beyond a reasonable doubt.
- One of the elements of constructive possession is the knowledge of the item’s presence. This means you need to be aware that the item exists in the area where it was found. Even if the item isn’t physically on you, being aware of its presence can still tie you to it legally.
- Another element is the ability to exercise control over the item, regardless of your immediate physical distance from it.
For instance, if drugs are discovered within the glove compartment of a vehicle regularly used and owned by the defendant, this could be considered constructive possession. The defendant doesn’t have to be inside the car at the time the drugs are found to show constructive possession.
The theory of constructive possession is often used in firearm cases as well. For example, if a gun is found in a shared house or apartment, the person with access to that area could be held responsible for possessing the firearm. Two people can be found to jointly possess an item as well.
Evidence Used To Prove Constructive Possession
In cases involving allegations of constructive possession, prosecutors rely on various types of evidence to establish a defendant’s connection to an illegal item. Some examples of evidence and arguments they may use include the following:
Proximity To the Item
Prosecutors may present evidence showing that the illegal item was discovered near the defendant or in an area frequently occupied by them, such as a vehicle, residence, or specific room.
Control Over the Location
The accused may be shown to have control over the place where the item was located. This could mean demonstrating that they often accessed this area, like frequently going in and out of a house where the items were found.
Knowledge of the Item
Demonstrations of the defendant’s awareness of the illegal item’s presence can be established through witness testimony, personal statements, or digital communications, such as text messages, messages on social media, or emails.
Access To the Item
Evidence can illustrate that the defendant had the capacity to exert control over the item, possibly having keys, codes, or information regarding the item’s whereabouts.
Ownership or Rental Documentation
Documents like leases, vehicle registrations, or utility bills may substantiate claims of ownership or responsibility for the location where the contraband was discovered.
Incriminating Statements or Conduct
Statements or behaviors indicating knowledge or control, such as efforts to conceal the item or admissions of ownership, can also serve as evidence of possession.
The Presence of Personal Belongings
Personal articles, including clothing or identification found with or near the illegal item, may imply control over the vicinity or item.
Forensic Evidence
The use of forensic data, such as fingerprints or DNA, can further establish a direct link between the defendant and the contraband or its location.
Surveillance Records
Video surveillance might show the defendant at or interacting with the site where the illegal item was discovered, reinforcing claims of possession.
Being aware of how various types of evidence can establish a link to illegal items is important when forming an effective defense strategy.
Potential Legal Defenses To Constructive Possession
Constructive possession can be complicated, but when you work with an attorney, there are ways to fight back against these allegations. Below are some of the most common legal defenses used:
Lack of Knowledge
One possible defense is showing that you were unaware of the presence of the illegal item. An attorney can gather and present evidence that clearly demonstrates the defendant’s absence of knowledge regarding the illegal item’s existence. This could include witness statements, alibis, or inconsistencies in the prosecution’s evidence.
Lack of Exclusive Access
You could also argue that multiple people had access to the location where the contraband was found, which diminishes the claim that you specifically had control over it. Demonstrating shared access challenges the notion of exclusive possession and can weaken the prosecution’s case.
It’s possible for more than one person to constructively possess an item at the same time, but showing that someone else possessed it can definitely help your case.
Mere Presence
Simply being present at the location where the illegal item was found is not enough to establish constructive possession. The defense could argue that mere presence does not equate to control or dominion over the contraband. It requires proving that there was no action or intention on the defendant’s part to possess the illegal item, undermining the prosecution’s argument.
For example, demonstrating a lack of personal belongings in the house where the item was found or a lack of fingerprints on the contraband can strengthen this defense, even if the defendant was in the house where the illegal items were.
Illegal Search and Seizure
Challenging the method by which law enforcement obtained the evidence can be a strong defense strategy. One of the most common ways to do this is to argue that your Fourth Amendment rights were violated through an unlawful search or seizure. This can lead to the evidence being deemed inadmissible in court, meaning the prosecutor cannot use it against you.
If you’re being charged with possession of drugs or a firearm and that evidence is no longer admissible, your charges may be dismissed, or you could be found not guilty if it ends up going to trial.
Legal Possession
Arguing that you were in legal possession of the item may be applicable in some cases. This defense necessitates showing that there is a valid legal justification or permit for possessing the item. For example, a prescription for a controlled substance, a license for a concealed weapon, or other legitimate documentation can serve as evidence to substantiate this defense.
Contact an Experienced Cincinnati Criminal Defense Attorney For Help Fighting a Constructive Possession Charge
If you’re facing charges, it’s important to work with a lawyer as soon as possible so that they can determine the best defense strategy for your case. If you need help, don’t hesitate to contact Suhre & Associates DUI and Criminal Defense Lawyers today at (513) 333-0014 to schedule a free consultation with a Cincinnati criminal defense lawyer.
