Constructive Possession Charges: Can You Be Convicted for Drugs Found in Someone Else's Vehicle?
Under Nebraska’s constructive possession laws, you can be charged with a drug crime for drugs found in someone else’s vehicle. However, there are specific factors that the prosecution must prove to secure a conviction in court for a constructive possession charge.
Whether you were borrowing a friend’s car or riding as a passenger while they were stopped by law enforcement, there are several defenses you may be able to pursue to defend against these charges. At Abrahamson Law Office, our attorneys are experienced in building strong defenses against criminal drug charges, and we have the knowledge and resources to help you stand up for your rights.
Located in Omaha, Nebraska, we serve clients throughout the surrounding areas. Schedule a consultation to learn how we can help you understand and challenge constructive possession charges.
How Constructive Possession Works
Nebraska has strict constructive possession laws. Under these laws, a person can be charged with a drug crime for drugs found in someone else’s vehicle. The drugs do not have to be on their person, only within the vehicle itself while the person was in or operating the vehicle. Therefore, anyone within the vehicle where drugs are present could potentially face arrest.
However, just being near the drugs is typically not enough to secure a conviction. Law enforcement can arrest you for proximity, but the prosecution must prove that you had knowledge of the drugs and that you intended to or had control over them or to distribute them.
When pursuing a conviction for a constructive possession charge, the prosecution will often review evidence from the traffic stop that could connect you to the drugs that were present. They will typically review your proximity to the drugs, any suspicious behavior noted by law enforcement during the stop, and whether any of your personal items were mixed with the seized drugs.
Potential Defenses Against Constructive Possession
If drugs were found in someone else’s vehicle and you have been charged with a drug crime, do not panic. You have the right to challenge the charge. At Abrahamson Law Office, our attorneys can help you create a defense and advocate for your best interests. The most common defenses you may be able to use include the following.
Lack of knowledge about the drugs: Circumstantial evidence, such as proximity, is not enough for the prosecution to pursue a conviction. If you were unaware of the drugs, you can often use your lack of knowledge as a defense.
Shared access to where the drugs were found: If multiple people had shared access to the location where the drugs were found, you may be able to argue that there was equal opportunity as to who had access to the drugs. This can often create reasonable doubt about whether the drugs belonged to you or to someone else.
Prove someone else owned the drugs: In some cases, you may be able to provide evidence or testimony that proves the drugs belong to someone else. This could take the form of physical evidence, such as a receipt, or witness statements from a passenger.
Challenge the search under the Fourth Amendment: Under the Fourth Amendment, you are protected from unreasonable searches and seizures. If law enforcement searched the vehicle without probable cause or lacked a valid reason to initiate the traffic stop, any evidence collected during the search may be inadmissible in court.
Being charged with constructive possession is very different from being convicted. Remember, the prosecution will need to prove that you knew about and had control over the drugs to pursue a conviction. Building a strong defense can help you cast reasonable doubt on the prosecution’s narrative.
What to Do If You Have Been Arrested for Constructive Possession
If you have been arrested for constructive possession in Nebraska, do not panic. Stay calm and take measured steps to comply with the attending police officer and document what happened. The primary steps you should take if you are arrested for constructive possession include the following:
Comply with law enforcement: Listen and respond to everything the police officer tells you to. Do not resist arrest. Resisting arrest could lead to additional criminal penalties.
Your right to remain silent: You have the right to decline to answer any questions until you have spoken with an attorney. Anything you say during an arrest could be used against you in court.
Request an attorney: Contact a skilled criminal defense attorney as soon as possible. Our attorneys can explain the charges you’re facing and help you understand your options for building a defense.
Document the traffic stop and arrest: When you can, record the details about how the traffic stop was conducted, the police officer’s behavior, the vehicle search, the arrest, and anyone who has access to where the drugs were located. These will serve as key evidence when building your defense.
At Abrahamson Law Office, our drug crime attorneys are committed to standing up for your rights and building a strong defense against constructive possession charges. Keeping calm, exercising your right to remain silent, and documenting the traffic stop and arrest can help improve your defense.
Contact Our Experienced Criminal Defense Attorneys in Omaha, Nebraska for Representation
Constructive possession is a serious charge, but there are ways you can defend against these charges under Nebraska law. While law enforcement can arrest you for your proximity to drugs, the prosecution will need to prove that you had knowledge of them or exercised control over them to get a conviction.
At Abrahamson Law Office, our attorneys, Hugh I. Abrahamson, Jill M. Abrahamson, and Robert E. Larson, are dedicated to helping those facing constructive possession charges. Whether you need assistance proving the drugs were not yours or exercising your Fourth Amendment rights, we can help.
Located in Omaha, Nebraska, we represent residents in the surrounding areas. Reach out to us to schedule a consultation and let our attorneys help you build your defense today.