They say that possession is nine tenths of the law, but what does it really mean to be in possession of illegal drugs in Minnesota? You probably understand what possession looks like when police find something in your pocket, but what if drugs are found off of your persons? Can police still make a case against you? In today’s blog, we take a closer look at physical and constructive possession laws in Minnesota.
Physical Possession
We’ll start with the easier of the two. Physical possession means just what it sounds like, that you were found with illegal drugs in your physical possession. If the drugs are in your pocket, in a purse or you’re attempting to conceal them elsewhere on your body, you are considered to be in physical possession of the drugs.
This is typically the harder of the two types of possession to form a defense for. If they are on your body, it’s going to be tough to prove that you did not know they were there or that they belonged to someone else. After all, they were in your possession.
Constructive Possession
Constructive possession leaves a little bit more room for doubt, but it occurs when illegal drugs are found in an area for which you have domain over, even if you’re not in physical control of that space at all times. For example, if police found drugs in your vehicle, your locker or your dresser drawer, they could charge you with drug possession even though the drugs are not in your physical possession.
In other words, if drugs are found in a place where it is reasonable to assume that items in that area belong to a specific individual, you can be charged with drug possession through constructive possession. If you are pulled over and police find marijuana in your glove compartment, you’ll likely be charged with constructive drug possession even though you did not have the drugs on your body when they were uncovered.
It’s a little bit easier to challenge a constructive drug possession charge, but don’t assume that it will be a walk in the park. You can make a case that you were unaware that the drugs were in an area considered your domain, that someone else put them there or that they actually belong to someone else, but it’s not going to be easy. For example, if drugs are found in your school locker, you might be charged possession. However, if other individuals knew the combination to your locker, and surveillance video shows others accessing your locker before the drugs were uncovered, you may be able to make an argument that the drugs were not actually yours. If the drugs are not yours, or you were not aware that the drugs were in an area you had domain over, you may have a case, otherwise it might be tough to have the charges dropped.
If you or someone you know is facing criminal drug charges, be it for possession or sales, make sure they reach out to Avery and the team at Appelman Law Firm today at (952) 224-2277.
