When you are involved in an encounter with the police, they may ask if they can search your property or vehicle. If you have nothing to hide, you can consent to the search.
But what if the police find drugs during the search that do not belong to you? Although this situation sounds unlikely, it happens more often than you think.
For example, perhaps a friend leaves drugs in your car or backpack without you knowing. The police find them and you are arrested for drug possession, although you tell the police the drugs are not yours and you did not know they were there. Is this legal?
Yes, it is legal
Under Florida law, you can still be charged with drug possession even if the drugs were not yours. The law states that people are forbidden from being in actual or constructive possession of drugs.
Actual possession means you knew about the drugs and had direct physical control over them. Constructive possession means that you had control over the drugs even if they were not in your direct physical possession.
Constructive possession can be proved by circumstantial evidence. Therefore, if drugs are found in your car, this is typically the circumstantial evidence necessary to arrest you under the theory of constructive possession.
However, remember that an arrest does not mean a conviction. If you are arrested for drug possession for drugs that are not yours, it is important to act quickly.
Start building your defense
To secure a conviction under the actual or constructive possession theories, the prosecution must prove you knew about the drugs.
In terms of constructive possession, the prosecution must prove knowledge and control. Although they might be able to prove control if you were in close proximity to the drugs, they must still prove you knew about them. This is often difficult.
Although the prosecution must prove their case beyond a reasonable doubt, you should still search for evidence that can exonerate you. Camera footage showing someone else placing the drugs in your car or property is an example of evidence that could be used to show you did not have knowledge of the drugs and lead to a dismissal of the drug charge.