Many Arkansas drug charges relate to actual physical possession. Police officers find drugs in someone’s clothing or in a bag they carry. There is little question as to who owns the drugs and has control over them. Sometimes, Arkansas prosecutors bring drug charges by raising claims of constructive possession. The police find drugs in a home, workspace or vehicle. They then use certain details to connect a specific person to the drugs.
Allegations of constructive possession arise when state prosecutors assert that one party had access to and control over drugs. Certain circumstances are more likely than others to lead to allegations of constructive possession.
Proximity
Sometimes, police officers use an individual’s location and the location of the drugs at the time of the search as a justification for constructive possession charges. If police officers believe that someone may have hurriedly shoved drugs in the seat of a vehicle or between the cushions of a couch, their nearby presence can be an indicator of their connection to the drugs.
Access
Another factor that the state considers is who has access to a location or a vehicle. In scenarios where police officers find drugs in a location where only one person has access, the state typically operates under the assumption that the person would access own and control those drugs. For example, if a motorist does not allow anyone else into their vehicle, they might face constructive possession charges for drugs found in the spare tire compartment of the trunk.
Personal history
When multiple people could have had access to an area and the state isn’t sure who to charge, looking at the criminal records of the people involved can be part of the investigatory process. Individuals who have prior criminal records related to drug possession or distribution are more likely to face charges based on claims of constructive possession when the police find drugs near them or in a place to which they have access.
Claims of constructive possession can lead to the same penalties as allegations of actual possession. Any defendant accused of constructive drug possession may need help developing a defense strategy. Understanding how the state builds its case can be beneficial for those trying to avoid a criminal conviction.