Constructive possession comes up in drug and firearms cases regularly. If you are in a car, a house or an apartment when it gets stopped or raided by the police and they find drugs or guns; you may get arrested and charged with possession. The idea is that everyone in that house or car had the equal ability to possess the drugs, and therefore they could be guilty of that possession.

Possession is a legal term. Like many things in law, possession means the ability to exercise dominion and control over an item. According to FindLaw, it means that you are aware that the drugs exist.  It also means you are okay with the drugs being near you, and you have some ability to say what does or does not happen to the drugs. A constructive possession case can get proved by what is known as circumstantial evidence. Circumstantial evidence is evidence that would allow for a jury to create an inference that this is a fact. Things that they look at concerning constructive possession cases are where the authorities found the drugs in relation to you.

For example, if the police drugs found the drugs underneath your particular seat in the car, that is probably bad. If you are riding in somebody else’s car, the vehicle gets searched, and they find drugs in the trunk, but it is not your car that is a little bit better of a situation for the defense. If they find some drugs in a room that has nothing but your stuff in it, or if they find them in a drawer that has nothing but your papers in them, that is co-mingling.