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Drugs in Automobiles: Who's Guilty?

By Ron Chapman

When the police search a car and find drugs such as marijuana or cocaine, the person located closest to the drugs is often arrested even though there were other people located in the automobile just before the car was searched.  In that situation, the person who was arrested may well have a good argument that he is not guilty of possessing the narcotics if the prosecutor is unable to prove that he was in "constructive possession" of the drugs.In order to prove that someone is in constructive possession of narcotics, a prosecutor in Florida must show that the accused individual:1.  Had dominion and control over the drugs;2.  Knew of its presence;3.  Had the ability to maintain control over the narcotics; and4...continue to full post

Full post as published by Palm Beach Criminal Defense Blog on March 19, 2008 (boomark / email).