Many drug charges begin with police officers finding drugs in a person’s possession. However, times officers search vehicles or shared spaces, such as a multi-bedroom apartment or an office. In such cases, the state may bring a constructive possession charge.
What rights do defendants have when police officers find drugs near them but not in their direct possession?
Defendants have strong protections
Those taken into state custody or facing drug charges have numerous important legal protections. The Miranda rights are among the most important for those taken into state custody for alleged drug offenses.
Verbally invoking the right to remain silent can protect people from making statements that implicate themselves when they attempt to prove to the police that they didn’t do anything inappropriate. Requesting to speak clear as soon as possible after an arrest can also help people start developing a defense strategy.
Defendants have the right to challenge inappropriate searches. They can also question the conclusions reached by the state, such as the assumption that the drugs belong to one person due to where they sat before the search began or other irrelevant factors.
In a constructive possession case where police officers find drugs near someone but not on their person, prosecutors must show that not only were drugs present, but that the defendant had knowledge of them and control over what happened to them. That evidentiary burden creates an opportunity for a successful defense strategy.
Asserting basic rights after an arrest can help people prepare for an effective defense strategy. Drug charges and other criminal allegations require an appropriate strategy if people want to avoid convictions that could otherwise result in major penalties and could forever damage their reputation.