Constructive Possession - Utah Drug Crimes Defense
Can I be charged for drugs found in my car?
Many
Utah controlled substance possession cases begin when a police officer
finds drugs in a vehicle during a traffic stop. Often times, drugs or
drug paraphernalia are found in a bag, backpack, purse, etc. that is
tucked under a seat, on the floor, on an unoccupied seat, or even in a
trunk. In cases where multiple people are present in a vehicle when
drugs are found, questions arise as to who is guilty of possessing the
drugs or paraphernalia.
If you are facing criminal prosecution for
drug
possession or
paraphernalia
charges,
contact us
today to see what the right attorney
can do for you.
Clients sometimes report that
police officers have tried to intimidate them by making assertions
along the lines of, "If nobody admits that the drugs belong to them, I
will just go ahead and charge everyone here with possession." Such a
threat may convince a vehicle occupant to take responsibility for the
drugs. But it is not an accurate statement of the law. Utah courts have
held that, considered alone, co-occupancy of a vehicle is not
sufficient to establish
constructive
possession of contraband. More evidence is required to
establish the required connection between the defendant and the drugs
or paraphernalia found by police.
Elements of Constructive Possession in Utah
The
key elements that a prosecutor must prove in order to establish a
sufficient nexus between a defendant and either drugs or paraphernalia
are: 1) the power and ability to exercise control or dominion over the
item; and 2) the intent to exercise control or dominion over the item.
There are a variety of factors that can be considered by a court or by
a jury in determining whether these elements have been proven. Some of
these factors are discussed below.
Proximity to Drugs or Paraphernalia
A jury or
court may consider the proximity of the defendant to the drugs or
paraphernalia. For example, a jury may be more likely to find
constructive possession when drugs are found on a seat immediately next
to a defendant as compared with finding drugs on the back seat of a car
when the defendant is a front seat passenger.
Other Drugs or Paraphernalia in Defendant's Possession
A
jury or court may also consider whether the defendant was found in
actual possession of other drugs or paraphernalia. For example, if a
defendant is found to have rolling papers or a
marijuana
pipe in his
pocket, a jury may find it more likely that the defendant also had
constructive possession of marijuana found under his car seat.
Defendant's Drug History
A
jury or court may consider whether a defendant has a prior history of
drug use or drug possession convictions. For example, when a defendant
has a past history of marijuana possession convictions, a jury may find
it less likely that a defendant did not know what the “green leafy
substance” was that was found on his kitchen table.
Ownership or Control of Area
A
jury or court may also consider the ownership of the vehicle where
drugs were found. For example, if police find drugs under the driver
seat of a vehicle that is owned by the defendant, a jury may find it to
be more likely that the defendant had constructive possession of the
drugs or paraphernalia than if the police found items in a vehicle
where the defendant was merely a passenger.
Exclusive Control of Area
A
jury or court may consider whether the defendant had exclusive control
over the area where drugs were found, as compared to a case where
multiple people had access to the area. For example, a jury may be more
likely to find constructive possession in a case where drugs were found
on the kitchen counter of an apartment where defendant is the only
resident and is home alone than if police found drugs on the counter of
an apartment with multiple occupants.
Other Items Connected to Defendant
A
jury or court may also consider whether other items connected to the
defendant were found along with the drugs or paraphernalia. For
example, a jury may be more likely to convict for constructive
possession where police find drugs and paraphernalia in a backpack that
also contains the defendant’s driver license,
credit
cards, and other
identifying documents than if the drugs and paraphernalia were found in
a backpack with no other items.
Other Individuals Present
A
jury may consider whether other individuals were also found with drugs
or paraphernalia. For example, a jury may be less likely to convict a
defendant of possession of drug paraphernalia under a constructive
possession theory when only a drug pipe is found in a vehicle, but
another passenger is found to have marijuana, baggies, papers, and
other paraphernalia in actual possession.
Other Incriminating Conduct
A
jury or court may also consider a defendant’s incriminating behavior or
conduct relevant to possible drug possession. For example, a jury may
be more inclined to infer knowledge or intent relating to drugs or
paraphernalia when a defendant runs from his car and police
subsequently find drugs and paraphernalia in the vehicle.
Finding a Criminal Attorney for Utah Drug Charges

Criminal
drug cases in Utah can include felony or misdemeanor charges. The
consequences of conviction can be serious, including jail time,
potential felony convictions, loss of a driver license, and more.
Hiring the
right
criminal defense attorney
can be the key to achieving the best results in your case.
Contact us today to see how
an experienced criminal lawyer can help you.