Most people recognize that directly possessing drugs is a risky choice. If police officers pat someone down and find drugs in their pockets, that person is likely to face arrest and prosecution. It is, therefore, common practice for people to try to hide or secure drugs when they enter a property or a vehicle. However, this habit of hiding contraband can end up having negative implications for others eventually.
In Tennessee, police officers sometimes search vehicles looking for drugs. If they find them in a vehicle but not directly in someone’s possession, the owner or driver of the vehicle could potentially be at risk of criminal charges.
You don’t need to have drugs on you to be charged
Contrary to what many people believe, the state can and does prosecute those found near drugs even if they do not have them physically on their person. Using the legal concept of constructive possession, the state can choose one person to hold personally accountable for drugs found in a vehicle. Often, the driver or owner of a vehicle faces the most suspicion. However, they may not have even been aware that a passenger brought those drugs into the car.
In a constructive possession case, prosecutors attempt to establish that someone knew the drugs were there and that they were illegal. They may also assert that the person charged had control over what happened to those drugs.
Factors influencing charges and possible defense strategies
Factors ranging from the placement of the drugs in the vehicle to someone’s prior criminal record could influence who faces drug charges and how likely those accusations are to lead to a conviction.
Someone accused of constructive possession potentially has several different viable defense strategies available. For example, they could try to convince the courts that the drugs actually belong to someone else and that they were unaware of their presence in the vehicle. Other times, the best strategy might involve keeping certain evidence out of court by establishing that police officers violated someone’s rights by conducting an inappropriate search or illegal traffic stop.
Seeking legal help in Tennessee
Someone who has been accused of a serious drug offense in Tennessee may benefit from discussing their situation at length with a skilled legal team before deciding how to respond. Doing so may allow someone to clear their name and potentially avoid a life-altering criminal conviction.