The first thing you need to do when you are arrested for drug possession or trafficking is make sure the drugs that the police are charging you for are really drugs. Once you have a lab report or other proof, then next step is to determine how much. So often, drugs are seized and weighed incorrectly. Once you know that the State has evidence of illegal drugs and their weight, then you analyze if they can prove you "actually" or "constructively" possessed the drugs.
Actual or Constructive Possession
Assuming the police properly seized the drugs, that is, they had legal cause to take them, the next step is to fight the nature of the possession. Actual possession means the drugs were found on the person or within his immediate reach, more or less. The case can get tricky when all the State can prove is "Constructive Possession". That means that the State has to prove that the person arrested "controlled" wherever the drugs were found.
I know of a case where the officer arrested the client because he sat in a car where drugs were found under the client's (the passenger) seat. There is nothing to suggest that the client knew the drugs were there. It wasn't his car, his seat, and the officer didn't say that the client said anything to suggest he knew that there was anything under the seat. Legally, the case should be dismissed if the State cannot show evidence that the client knew the drugs were present.
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