Proximity is Not
Possession Defense in Drug cases

If the police find drugs in somebody's pocket, it's a pretty clear case of the person possessing what's in his or her pocket. There may be other challenges to that case, but possession is not one of them. However, it becomes a different situation if police find drugs in a glove compartment of a vehicle that has two occupants. Who is possessing the drugs? Although nobody has the drugs on their person, the State may still argue that certain persons have "constructive possession" of the drugs. If a person is exercising "dominion and control" of contraband, even if the contraband is not on their person, they can still be held liable for possession crimes. 

​

In the glove compartment example above, the State may charge the person in the passenger seat because they are the closest. But proximity is not necessarily possession. Proximity is a factor that can be used in order to come to a conclusion about who possessed the contraband. But the drugs could easily be the driver's instead. However, even that is not clear. What if somebody else owns the vehicle? This situation happened in State v. Sam, and the Minnesota Court of Appeals held that there was not enough evidence to convict the driver of drugs found in the glove compartment when somebody else owned the vehicle and there was also a passenger in the vehicle. 859 N.W.2d 825 (Minn. Ct. App. 2015). 

​

Each case is different and requires a close analysis of the facts. If you are being charged with a drug crime, you likely do not want a DWI lawyer. You want somebody who focuses on defending drug crimes to craft the best defense for your drug case. Call Subzero Criminal Defense today. 651-248-5142.