Constructive Possession Requires Proof of "Dominion and Control"

In North Carolina (and Federal) criminal law, constructive possession is a legal concept used to establish that a defendant had possession of illegal items, even if the items were not physically on their person. This can occur when a defendant has control over the location where the items are found, even if they do not have direct physical control over the items themselves.

For example, if law enforcement officers find illegal drugs in a car that a defendant is driving, the defendant could be considered to have constructively possessed the drugs if they had control over the car and the ability to access the drugs.

Constructive possession can be more difficult to prove than actual possession, which requires the defendant to have direct physical control over the illegal items. However, prosecutors can use circumstantial evidence to establish that the defendant had knowledge of the illegal items and the ability to exercise control over them.

Elements of Constructive Possession

To establish constructive possession, the prosecution must typically show that the defendant had:

1. Knowledge of the illegal items - this could be shown through evidence of the defendant's actions, statements, or behavior that indicate they knew about the illegal items.
2. The ability to exercise control over the illegal items - this could be shown through evidence that the defendant had access to the location where the items were found, such as a car or a house, and had the ability to control the items.
3. The intent to exercise control over the illegal items - this could be shown through evidence of the defendant's actions, statements, or behavior that indicate they intended to exercise control over the illegal items.

If the prosecution is able to establish these elements, the defendant can be charged with possession of the illegal items, even if they did not have direct physical control over them.

Constructive Possession Cases are Fact Specific

It's important to note that the specific facts of each case will determine whether constructive possession can be proven beyond a reasonable doubt. For example, if multiple people have access to the location where the illegal items were found, it may be more difficult to establish that the defendant had the ability to exercise control over the items. Under North Carolina law, the courts have held that additional incriminating circumstances must be shown when the contraband is found in a place over which the accused did not exercise exclusive control.

Hire an Experienced Lawyer with Success Defending Constructive Possession Cases

Constructive possession is a legal concept that can be used by prosecutors in North Carolina criminal cases to establish that a defendant had possession of illegal items, even if they were not physically on their person. By establishing that the defendant had knowledge of the items and the ability to control them, the government can prove the defendant is guilty of a crime. However, establishing constructive possession can be challenging and requires careful analysis of the specific facts and circumstances of each case.

North Carolina criminal defense attorney Sean Cecil has experience, and considerable success, defending constructive possession cases. He has won both gun and drug constructive possession cases. If you or a loved one is charged with illegally possessing drugs or guns, whether in State or Federal Court, give us a call. Consultations are free in criminal cases.