Did you know that 1.16 million Americans are arrested annually for the sale, manufacture or possession of illegal substances? Drug possession is not as straightforward as you might think. Understanding the concept of constructive possession is important as it plays a big role in criminal law.

But, what is constructive possession of drugs? It refers to a legal doctrine that extends the concept of possession beyond mere physical control. It involves situations where an individual may not have direct physical custody of drugs for example, yet the law deems them to be in possession based on certain circumstances. 

When it comes to constructive possession, the lines can get a bit blurry. But don’t worry, we’re here to straighten out the matter. In this article, we’ll discuss the elements of constructive possession, the factors that determine it, and its legal implications.

Elements of Constructive Possession

To understand the concept of constructive possession, there are three elements that must be present.

1. You must have knowledge of the item in question. This means that you’re aware of its existence and that it’s in your possession or control. For example, if you’re aware that there’s a firearm in your car, even if you aren’t physically holding it, you still have knowledge of its presence.
2. You must have the ability to exercise control over the item. This means that you have the power and authority to use, manage, or dispose of the item as you see fit. For instance, if you have the key to a safe containing drugs, even if you aren’t physically near the safe, you still have the ability to control its contents.
3. There must be an intention to exercise dominion or control over the item. This means that you have the intent to possess and control the item, regardless of whether it’s for personal use or to transfer it to someone else. For example, if you have plans to sell illegal substances that are stored in a hidden compartment of your car, you have the intention to control and distribute those substances.

Factors Determining Possession

Factors influencing possession can vary depending on the circumstances and context of a situation. When determining possession, several key factors come into play. 

• One important factor is the intent to control the object or item in question. If you have the intention to exercise control over something, it can be considered a factor in determining possession.
• Another factor to consider is the ability to exercise control over the object. If you have the physical ability to possess and control the item, it can be seen as a determining factor. For example, if you have the keys to a car and can physically drive it, you can be considered in possession of the vehicle.
• The knowledge of the item’s presence is also a factor that can influence possession. If you’re aware of the existence and location of the object, it can contribute to the determination of possession.
• In addition, the duration of control over the object can be a factor. If you have had continuous control and possession over an item for an extended period, it can strengthen your claim of possession.

These factors, among others, are taken into account when determining possession in legal cases. It’s important to consider the specific circumstances and context of each situation to accurately determine who’s in possession of an item.

Legal Implications of Constructive Possession

If you find yourself in a situation where constructive possession is at play, constructive possession can have serious consequences, as it can lead to criminal charges and potential conviction.

One of the key legal implications of constructive possession is that it shifts the burden of proof onto you. It’s up to you to demonstrate that you didn’t have knowledge or control over the illegal items or substances. This can be challenging, as the prosecution will likely present evidence suggesting your knowledge or control.

Constructive possession can also result in guilt by association. If you’re in close proximity to others who’ve illegal items or substances, you may be presumed to have constructive possession of those items as well.

Understanding the legal implications of constructive possession can protect your rights and defend yourself in court. It’s advisable to consult with a knowledgeable attorney who can guide you through the legal process and help you build a strong defense.

Conclusion

Constructive possession can have serious legal implications, including criminal charges and penalties. Getting a lawyer is the first step towards having the charges against you dropped, so don’t hesitate to do your research and hire a competent one.