Can you be convicted for possession of controled substance if the item is found in your belongings when you are away?

Item was found in pants pocket in floor of bedroom while suspect not at home. Grandparents own the home and gave permission to search the room.

Asked on May 25, 2012 under Criminal Law, Alabama


Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 8 years ago | Contributor

There are two types of possession,physical possessiand and constructive possession. Physical possession is where the drugs are found on your person. Constructive possession is where the drugs are not found on your person, but found in the local vicinity or area in which a person possesses, such as under your car seat or in a dresser drawer in your bedroom. Because your Grandparents gave the officers permission to enter the home to perform the search, it may be difficult to challenge the search, but it appears to the prosecutors are moving on a theory of constructive possession. 

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