Posted on April 18, 2021 in Uncategorized
If the police conduct a lawful search and find drugs on your person - i.e., in your coat pocket - you can be charged with illegal possession of a controlled substance. However, even if you are not actually carrying any drugs, you may still be convicted of a crime if you had "constructive" possession of narcotics.
Constructive possession means that drugs are found in an area determined to be under your control.
The Elements of Constructive Possession
Constructive possession generally requires the state to prove two factors beyond a reasonable doubt:
- You had knowledge that the drugs were present in the location they were found;
- You had "immediate and exclusive" control over that area.
For example, say you live alone in an apartment. The police search the premises and find marijuana on the dining room table. It is a pretty safe bet you will be convicted of constructive possession even if you were not physically holding a joint. A jury can easily infer the drugs belonged to you.
However, what if you share an apartment with several other individuals? Suppose the police find cocaine stashed in a drawer in your roommate's bedroom. In this situation, you are much less likely to be charged with constructive possession since there is no way to prove you had "immediate and exclusive" control of the drugs.
IL Court Reverses Conviction, 15-Year Prison Sentence in Constructive Possession Case
This is not to say that individuals are never wrongfully convicted of constructive possession. Recently, an Illinois appeals court reversed the conviction and 15-year prison sentence of a man charged with illegal possession of drugs and weapons. The court said there was "reasonable doubt" as to whether the defendant actually lived at the apartment where he was arrested.
One night in 2013, Chicago Police Department officers executed a search warrant at the apartment in question. The defendant was not present at the time. During the search, police found a hidden compartment inside of a hallway closet. Inside the compartment were drugs, firearms, cash, and assorted drug paraphernalia.
Outside the apartment, an FBI agent located and identified the defendant, who was sitting in his truck. The police arrested the defendant, even though he had no drugs on his person, and no contraband was found in his truck. The arrest was largely based on the presence of some of the defendant's personal items in the apartment, including two prescription bottles and clothing.
The defendant elected for a bench trial without a jury. The trial judge found the defendant guilty. The Illinois First District Appellate Court agreed with the defendant, however, that the evidence was "insufficient" to support his conviction. Specifically, there was no evidence connecting the defendant to the apartment or the items recovered from the hidden compartment. The defendant did not have a key to the apartment, his personal items were not in the same room as the compartment, and no drugs were found on him or in his truck.
Have You Been Accused of a Drug Crime?
As this case illustrates, a drug charge can have serious consequences. No one should face 15 years in prison based on insufficient evidence. If you are facing a possession charge and need assistance from an experienced Orland Park criminal defense attorney, contact the Fotopoulos Law Office, today.
Source:
Illinois Official Reports
As someone deeply entrenched in criminal law and possessing extensive knowledge in the realm of legal proceedings, particularly in cases involving possession of controlled substances, I can affirm that the concept of possession, especially "constructive possession," is pivotal in such scenarios. In the realm of law, constructive possession hinges on proving an individual's knowledge of the presence of drugs or controlled substances in a specific location and their immediate and exclusive control over that area.
The elements required to establish constructive possession are twofold: demonstrating the individual's awareness of the drugs' presence and establishing their direct control over the area where the substances were found. This legal principle often comes into play when drugs are discovered in shared spaces or areas accessible to multiple individuals.
The article you've referenced impeccably outlines scenarios illustrating constructive possession. For instance, if drugs are found in an area within your control, such as your living space or a room where your personal effects are located, the presumption of ownership can readily be attributed to you. However, this presumption weakens significantly in situations where multiple people share a space, making it challenging to prove immediate and exclusive control.
The case discussed from Illinois Official Reports serves as a concrete example. Despite the discovery of drugs, firearms, cash, and paraphernalia within a hidden compartment in an apartment, the accused individual's connection to these items was tenuous. Absence during the search, lack of personal effects in the same vicinity as the contraband, and no drugs found either on the individual or in his immediate surroundings all contributed to the insufficiency of evidence linking him to the items discovered.
This case serves as a stark reminder of the complexities within the legal system, emphasizing the critical role evidence plays in determining guilt or innocence, especially in cases of constructive possession. Such circ*mstances underscore the importance of a competent legal defense when facing drug-related charges to ensure fair proceedings and prevent wrongful convictions based on inadequate evidence.
The legal nuances surrounding possession, especially constructive possession, are crucial in drug-related cases, and seeking proficient legal representation, like the Fotopoulos Law Office mentioned in the article, can be pivotal in navigating such complex legal terrains.
