Constructive Possession in Florida Drug Cases: How Prosecutors Try to Prove It
It’s important to understand that drug possession charges in Florida do not necessarily mean that the drug is found on the person. In many cases, the law allows prosecutors to use the legal term “constructive possession” to prosecute a person even if the drug is not found on the individual. Therefore, it is important to understand the meaning of constructive possession as it relates to drug charges in the State of Florida.
Constructive possession often matters in situations where the drug is found in a shared space.
What is constructive possession?
In Florida, possession of a controlled substance can be achieved in two ways. These are actual possession and constructive possession.
Actual possession occurs when the controlled substance is found on the person or in their physical possession. This includes finding the substances in a person’s pocket, bag, or hand.
On the other hand, constructive possession happens when the controlled substance is found in a place that the defendant does not physically possess.
For instance, if controlled substances are found in a car’s center console, a living room, or a bedroom drawer, the prosecutors might argue that a particular person had constructive possession of these substances.
Since the controlled substances are not in the person’s physical possession, the law has to be fulfilled by the prosecutors before a conviction can occur.
What prosecutors must prove
To prove constructive possession in Florida, two main elements must be established by the state. These include:
- Knowledge that the drugs were present, and
- The ability to control the drugs
These two elements must be proven by the state beyond a reasonable doubt.
Knowledge implies that the state must prove the defendant knew that the drugs were present. Similarly, control implies that the defendant had the ability to control the drugs, i.e., to have access to the place where the drugs were located.
These two elements are relatively easy to prove if the drugs are found in an area that only one person has access to. However, constructive possession cases become much more complex when the drugs are found in a shared location.
The challenges of shared spaces
Many constructive possession cases occur when law enforcement officials find drugs in a location that many people can access. An example is the police discovering drugs in a vehicle with passengers or a house where various people live.
When law enforcement officials find drugs in a location that many people can access, the courts in Florida often require additional evidence that links the defendant to the drugs. There are many ways that the state can attempt to prove constructive possession charges. These include:
- Statements that the defendant has made
- Presence of fingerprints or DNA evidence
- Presence of the defendant near the drugs
- Presence of drug paraphernalia near the defendant
- Suspicious behavior from the defendant while the police were present
Talk to a Tallahassee, FL, Drug Possession 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.
