Cases involving drug charges often rely on relatively straightforward evidence. Police may officers catch people in the midst of a transaction or encounter them when they have drugs in their direct possession. If police officers find drugs in somebody’s clothing or a backpack they carry, state prosecutors can allege that the individual had actual physical possession of those drugs.
Other times, connecting an individual to the drugs found can be more of a challenge. Police officers sometimes find drugs while searching a residence where multiple people live. Whether the individuals sharing the space are family members or simply roommates, there can be questions about who the drugs belong to and therefore who should face drug possession charges.
How does the state handle cases wherein police officers find drugs in shared spaces?
Prosecutors can build constructive possession cases
When police officers find drugs hidden inside a coffee table or in the back of a kitchen cabinet, there are many questions the state has to answer. In some cases, there may be forensic evidence that can help them find those answers.
Genetic materials and fingerprints left on packaging can help connect specific people to the drugs that officers found. However, items stored in shared spaces can end up contaminated because someone touches them while reaching into a cabinet without realizing what is inside.
Allegations of constructive possession often depend on proximity, access and secondary factors. To establish that someone was the likely owner of drugs found in a communal space, the state has to establish that they were aware that the drugs were there and had control over what happened to them.
Drugs found in a lock box for which only one roommate has a key can lead to charges against the individual who had access to the box. The state may look at social media and mobile device records to determine if there were communications with others about drugs that could connect specific people to those substances.
Prior criminal convictions and a history of associating with those connected to the drug trade can also influence who prosecutors decide to charge. Those facing drug charges based on claims of constructive possession may employ different defense strategies than those accused of actual possession offenses.
Discussing a situation that led to drug charges with a skilled legal team can help defendants evaluate the best response given their circumstances. People can work to successfully fight drug charges based on claims of constructive possession with the right strategy and support.