Constructive possession extends the legal meaning of “possession” beyond just holding an item in your hands. The law recognizes that you can possess something even if you don’t physically have it on you.
In drug possession cases, this concept allows prosecutors to charge someone with drug possession even when they didn’t find drugs directly on the person’s body. For example, police might charge a person with possession if they discover drugs in that person’s car or home, assuming the person knew about the drugs and could control them.
Is it different from actual possession?
It is only different in terms of whether or not the person had direct physical contact with the controlled substance. However, when it comes to penalties, Indiana law doesn’t distinguish between actual and constructive possession. Instead, other factors determine the severity of the punishment, such as the type and amount of drug and any existing criminal history. The location of the offense can also enhance the penalty, especially if it is near a school or park.
What are the elements of constructive possession?
Constructive possession involves three factors:
- Knowledge of the drugs’ presence
- Ability to control the drugs
- Intent to maintain dominion and control over the drugs
These charges may not hold up if the accused did not know about the drugs or if they could not access or control them. There may also be a lack of enough evidence to link them to the drugs, especially if the reliability of witnesses is questionable or if the physical evidence doesn’t conclusively tie them to the drugs. If police obtained evidence through an unlawful search, a person can request the court to exclude that evidence from the trial.
Possession charges are not always clear-cut
You have the right to have your side of the story heard. An attorney can guide you through the legal process and protect your interests.