Drug charges often result from police officers finding people under the influence of prohibited substances or with drugs in their direct possession. If police officers search someone’s pockets, backpack or purse and find drugs, the individual subject to the search may face charges of actual drug possession. Police officers can also arrest people when they encounter an illicit transaction in progress.
Other times, Indiana police officers find drugs near somebody. No one admits present admits that the drugs belong to them. The police officers may then decide to arrest one of the people present at the time of the search or those with access to the location where officers found the drugs. Such cases result in allegations of constructive possession and may require careful planning before the case goes to trial in the criminal courts.
What is constructive possession?
The Indiana criminal court system has heard several important cases that have clarified rules related to constructive possession. Typically, the state can consider many factors when deciding who to charge and how to justify allegations of constructive possession.
Circumstances involving furtive actions that may have been an attempt to conceal drugs might lead to police officers arresting a specific person. Behavior interpreted as an attempt to flee could also influence who the state prosecutes.
The overall proximity of the individual to the location where officers found the drugs and their access to that location can also matter. In cases where officers find drugs in shared dwelling units or vehicles, being the owner of the vehicle or one of the tenants on the lease might increase the risk of prosecution. Prior criminal convictions and statements made by individuals during the police investigation can also lead to allegations of constructive possession.
Typically, prosecutors have to establish that an individual was aware that those drugs were present and had a degree of control over what happened to them. Constructive possession charges carry the same penalties as allegations of actual possession.
Fighting Indiana drug possession charges often begins with a thorough review of the state’s case. Those facing claims of constructive possession may need to use a different defense strategy than those accused of actual possession of controlled or banned substances.