Can I Be Charged with Drug Possession if The Drugs Weren’t Physically On Me?

If you are charged with drug possession, you may be facing significant jail time and steep fines. Most people assume that to be charged with drug possession, the drugs must physically be on them. This is not true, and in many cases, you can be charged with drug possession even if nothing is on you. Known as constructive possession, if you are found guilty, you will still face the same penalties as if the drugs were in your presence. In this blog, our Davidson County drug possession lawyers discuss what the prosecution needs to prove constructive possession and potential defenses that may combat such charges.

Actual versus Constructive Possession

A person charged with simple possession of a controlled substance may have drugs in their actual or constructive possession. When most of us think of a person being charged with drug possession, we think of someone having drugs in a baggie, perhaps in their pocket, in their house, or even in their vehicle. This is known as actual possession. In actual possession, the offender has physical custody of the substances in question.

While actual possession is straightforward, many drug charges are more complex, with charges being brought based on constructive possession. In constructive possession, the drugs are not in your custody, but still under your control. Even though you may not have physical possession of the drugs, you are aware of where they are located.

Elements to Prove Constructive Possession

Constructive possession relies on the theory that you were aware of the drugs’ whereabouts and maintained control over them, despite the drugs not being in your physical custody. To prove constructive possession, prosecutors must prove that you knew where the drugs were located, you knew that possession of the drugs was illegal, and that you maintained authority over the drugs (in still being able to access them).

In a drug possession case, all these elements must be proven beyond a reasonable doubt. To accomplish this, the prosecution may use witness testimony, any statements that you gave the cops, or any evidence that may link you to the location where the drugs were ultimately found.

Exclusionary Rule and Fruit of the Poisonous Tree

Illegal drugs may be found through a search of a person’s home, vehicle, or a stop and frisk of a suspect. Certain requirements must be met for the police to conduct these searches. For one, a search warrant is required to search someone’s home (with limited exceptions). However, a police officer may conduct a stop and frisk, also known as a Terry Stop, if the officer has reasonable suspicion that the individual is carrying a weapon or is armed.

If a police officer is found in violation of the law, then any evidence that is found in the illegal search must be thrown out (under the exclusionary rule). Additionally, any subsequent evidence that is found because of the illegal evidence must also be discarded (known as the fruit of the poisonous tree). The prosecution will not be on the lookout for inadmissible evidence, which is why you need an experienced defense attorney in your corner. If you believe that law enforcement has violated your rights, our legal team is happy to review your case and provide our assessment.

Reach Out to Our Davidson County Drug Possession Lawyers Today

In Tennessee, drug possession charges carry the potential for lengthy imprisonment and hefty fines. The severity of your charge will depend on the drug in your possession, the quantity, and whether you have any prior offenses. Aggravating factors may enhance your sentence, meaning that you might be spending decades behind bars. At Andrew C. Beasley, PLLC, we believe that everybody deserves exceptional representation, which is what we strive to give each of our clients. To learn more about our services or to schedule a consultation with one of our Davidson County drug possession attorneys, feel free to contact our office online or give us a call at (615) 846-9889.