Can you get arrested for drugs that aren’t yours?

Consider this: A person is relaxing at a friend’s place when police officers suddenly burst through the door. They search the apartment and find drugs hidden in the couch.

Even though this person had no idea they were there, they may end up in handcuffs. This shocking situation plays out more often than one might expect, leaving innocent people facing serious drug charges. The legal concept behind this scenario is known as constructive possession and understanding it could save someone from a world of trouble.

What is constructive possession?

Constructive possession is a tricky legal idea that can impact a person even if they don’t physically have drugs on them. It comes into play if the law decides an individual has knowledge and control over illegal substances, despite them not being in their direct possession.

Key elements of constructive possession include:

• Knowledge: The person is aware of the drugs’ presence
• Control: They can access or control the drugs
• Proximity: The drugs are near their belongings
• Intent: Evidence suggests they planned to use or sell the drugs