Constructive Possession in Florida Drug Cases: How Prosecutors Try to Prove It

“Possession of drug” offenses under Florida law do not necessarily depend on finding drugs on one party’s person, or in their bag. Prosecutors can base their arguments on something called “constructive possession.” Oftentimes, they’ll ask who the drug belongs to. If no one responds, they can charge everyone in the vicinity with possession of the drug. Cases involving constructive possession occur frequently across Florida and in the City of Tallahassee.

What is constructive possession?

Under Florida law, possession can be divided into actual possession and constructive possession. The former involves the presence of the drugs on the body of a suspect whether in their pocket, handbag, or backpack.

However, constructive possession means something entirely different, and the prosecution can charge someone with constructive possession of the drugs if the drugs are found somewhere else. Some typical examples include finding the drugs inside of a car, house, hotel, room, or shared apartment.

Obtaining a conviction based on constructive possession requires the following:

• The suspect knew about the presence of the drugs.
• The suspect was aware that the drugs were illegal, and
• The suspect could control the drugs.

Common situations involving constructive possession

Constructive possession charges frequently occur when police stop drivers for traffic violations. In cases like this, the officer may come across illegal substances in the car where there is more than one individual. It does not matter whether or not the substance is physically held by anyone; the police have the right to arrest anyone they believe is involved.

Another place that could give rise to this crime is a shared place, such as a house or apartment, where the substance could be found in the common areas. This is likely to happen to college students who are living with roommates in the same apartment or dorm.

Challenges to prosecution

It is challenging for prosecutors to secure constructive possession convictions since proximity to an illegal substance cannot be used to show ownership. Simply being close to the drugs is not sufficient to claim that someone possessed the substance. It is, however, enough to make an arrest.

In joint occupancy situations where drugs are found, Florida’s courts insist on further proof to link the defendant with the drugs. Prosecutors will try to use admissions made by defendants during investigations, fingerprints, text messages sent to the suspects, or the presence of personal belongings near the drugs.

Most of the time, the evidence produced is weak and therefore disputable.

Potential defense strategies

All cases are unique. However, there are certain defenses that tend to apply when dealing with cases of constructive possession. First of all, one line of defense includes a lack of knowledge. The prosecution must prove that the defendant knew about the drugs. Alternatively, an attorney might claim that the traffic stop was illegal and so anything found during the investigation is inadmissible in court.

Finally, in view of the fact that most constructive possession cases hinge on many suppositions, it is crucial for the accused to contact a lawyer at an early stage.

Talk to a Tallahassee, FL, Criminal Defense Lawyer Today 

Luke Newman, P.A., represents the interests of Tallahassee residents who are facing drug charges. Call our Tallahassee criminal defense lawyers today to schedule an appointment, and we can begin preparing your defense right away.