If police find drugs in a car you do not own, that fact alone does not establish that you possessed them. But you may still face a possession charge if the state claims the evidence shows you had the capability and intent to exercise control over the drugs.
Can a passenger face drug charges?
Indiana recognizes actual and constructive possession. Constructive possession can apply when drugs are not physically on you, but the state claims you had the capability and intent to maintain dominion and control over them. Simply being a passenger in a vehicle where police find drugs does not, by itself, establish constructive possession.
Indiana courts examine the circumstances surrounding the contraband to determine whether the evidence supports an inference that you had the capability and intent to control it.
What evidence can connect you to the drugs?
When multiple people occupy a vehicle, prosecutors may look beyond who owns the car. Evidence that can become important includes:
- The location of the drugs and their proximity to you
- Whether the drugs were visible or concealed
- The proximity of the drugs to your personal belongings
- Statements you made to police
- Conduct prosecutors argue showed knowledge of the drugs
Indiana courts consider the totality of the circumstances to determine whether the evidence supports an inference of the defendant’s knowledge, capability and intent to control the drugs.
What if the drugs belonged to the driver?
The driver’s ownership of the vehicle may be relevant, but it does not by itself establish or defeat a passenger’s constructive possession. The evidence connecting each person to the drugs matters.
The legality of the traffic stop, search and seizure may also matter, because an unlawful search or seizure can provide grounds to challenge evidence.
What should you do after drugs are found?
If you are facing drug charges after police found drugs in someone else’s vehicle, consider speaking with a defense attorney before discussing the circumstances with police or investigators. Legal counsel can review where police found the drugs, the evidence connecting you to them and whether police lawfully obtained that evidence.
