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Constructive possession: It’s more than what’s in your pocket

On Behalf of | Jan 22, 2025 | Criminal Defense

Constructive possession occurs when someone has control over an illegal substance without having it on their person. This means a person can still face drug possession charges in Texas even if they don’t physically have the item, as long as they have control over where it is and can access it.

The two key elements

Prosecutors must prove two essential components to establish constructive possession:

  • Knowledge: The person knows about the illegal substance and its location
  • Control: The person exercises dominion or authority over the substance or the area where it exists

If a person has the only key to a locked drawer containing illegal substances, authorities may consider them in constructive possession of those items – even if they haven’t touched those items in months. Similarly, items found in your car’s trunk or your bedroom could fall under constructive possession, even if you weren’t present when police discovered them.

Other important factors

Texas courts may look at several factors when deciding constructive possession cases, mainly where police found illegal items. These factors include:

  • Physical location: Courts examine where officers found the controlled substances. They treat items found in private spaces (like personal bedrooms) differently from those found in shared spaces (like common living rooms).
  • Access and control: Courts examine who has keys to the space, how many people share it and who can enter the area. They also consider how long someone has controlled the space and what type of control they have over it.
  • Documentation: Courts review documents that connect people to the location, such as lease agreements, vehicle registrations, utility bills and mail. However, these documents alone cannot prove constructive possession.
  • Physical evidence: Courts consider fingerprints, personal belongings and other items found near the illegal substances. This evidence helps establish connections between specific people and the location.

While these factors can show how courts decide on these cases, it’s important to know that one factor by itself cannot prove possession. An attorney can review your specific case and explain how these factors work under Texas law.

You deserve strong legal support

Facing drug possession charges can be frightening, especially when the situation isn’t as simple as it seems. Let an attorney evaluate your situation and guide you through the process.