In South Carolina, you can be arrested for drug possession even if the drugs are not on you. Many in Greenville are surprised to be charged when drugs are found in shared spaces, like vehicles or apartments. The criminal defense lawyers at Eppes & Plumblee, P.A., teach you that the legal theory of “constructive possession” allows the state to charge anyone who is believed to have control over the substance, even without physical contact.
Actual vs. Constructive Possession
The most straightforward type of possession is called “actual possession,” meaning the illegal substance is found directly on your person, such as in your pocket, in a bag you are carrying, or inside your clothing. In contrast, “constructive possession” refers to situations where you do not physically hold the drugs but still have the ability and intent to exercise control over them. Constructive possession often applies when drugs are found in a “shared space,” such as a vehicle’s center console, a kitchen cabinet, or under a passenger seat, rather than on any specific individual.
To secure a conviction based on constructive possession, the prosecutor must prove beyond a reasonable doubt that you knew the drugs were there and that you had the “right” to exercise control over them. In many cases, the police will arrest everyone in a vehicle or a room simply because the drugs were within reach. This often results in innocent bystanders being swept up in a narcotics investigation simply due to their proximity to the illegal items.
The Role of “Plus Factors”
South Carolina courts have ruled that mere proximity to drugs is not enough for a conviction. The prosecution must show additional evidence, often referred to as “plus factors,” to link a person to the contraband. These factors might include:
- The person’s ownership or control of the vehicle or premises.
- Statements made by the person during the police encounter.
- The person’s proximity to drug paraphernalia, such as scales or baggies.
- Evidence that the person was under the influence of the specific drug was found.
For example, if drugs are found in a shared apartment, the state might look for mail, ID cards, or personal belongings near the drugs to prove that a specific roommate had control over that area. Our attorneys work to ensure the state meets its burden of proof regarding these “plus factors” and to discredit the evidence supporting them.
Joint Possession in Shared Spaces
It is also possible for multiple people to be charged with “joint possession” of the same drugs. If a group of people is sitting around a table where drugs are in plain view, the state may argue that everyone had joint control. This is a common law-enforcement tactic that pressures individuals to provide information about others in exchange for leniency.
Fight Possession Charges with Aggressive Representation
Defending these cases requires a deep dive into the facts of the arrest, questioning law enforcement’s searches, and crafting a strategic defense. We look for evidence that our clients did not know about the drugs or had no authority to control them. If you were a passenger in a car where drugs were found, or a guest in a home during a search warrant execution, your presence alone should not lead to a conviction.
If you are facing possession charges in a shared space, know your rights. Call Eppes & Plumblee at 864-581-3450 or contact us online.