CONSTRUCTIVE POSSESSION OF DRUGS IN UTAH

Constructive Possession of drug cases are much harder to prove than direct possession of drug cases. There is no constructive possession defense if the defendant admits that the drugs were his. A lawyer can’t tell the jury something they know is false. Constructive possession drug cases have a greater possibility of convicting the wrong person. Especially when you are in a crowded car, bar or sitting around the campfire.

Types of Drug Possession in Utah.

(1). Direct Possession. Easy. A Utah controlled substance was found in your front pocket. The marijuana was found in your glove box of your car when you were pulled over. Unless the search and seizure was unconstitutional, direct possession cases are very difficult to win.

(2). Joint Possession. You jointly possess the drugs with another person.

(3). Constructive Possession. The drugs are not found directly on your person but are found in the room next to your room. The drugs are found in your Utah drug house, but you were living in Idaho at the time.

2023 Utah Case Law on Constructive Possession—What the Utah Court of Appeals Says.
“Constructive possession is a theory under which a jury is ‘asked to draw an inference based on circumstantial evidence connecting [a defendant] with the contraband.’ Ashcraft, 2015 UT 5, ¶ 10. ‘To find that a defendant had constructive possession of a drug or other contraband, it is necessary to prove that there was a sufficient nexus between the accused and the drug to permit an inference that the accused had both the power and the intent to exercise dominion and control over the drug.’ State v. Fox, 709 P.2d 316, 319 (Utah 1985); accord Ashcraft, 2015 UT 5, ¶ 19.” See State v. Naranjo, 2023 UT App 131 ¶ 37.

The prosecution (government) must prove a nexus between you and the drugs they assert you possessed constructively. When you are wrongly accused of constructive possession of drugs, a persuasive attorney can really make the difference.

NEXUS—What is it? It is whatever the jury says it is. A good attorney can really make the difference. Hiring a trial lawyer is the only way to go.
Factors in Construction Possession of Drugs that the Jury Can Weigh.

The jury or judge can consider almost any factor that sheds light on who possessed the drugs in question. Utah constructive drug possession case law cites the following factors:

“[A] jury may take into account to establish possession, including ‘ownership and/or occupancy of the residence or vehicle, presence of the defendant when the contraband is discovered, the defendant’s proximity to the contraband, . . . incriminating statements or behavior, and presence of contraband in a specific area where the defendant had control.’” Ashcraft, 2015 UT 5, ¶ 19. See State v. Naranjo, 2023 UT App 131 ¶ 37.

Common Constructive Possession Cases in Utah.
Example 1. Cars and Marijuana. You are driving your car with two friends. Marijuana is found under the passenger seat. You are charged with constructive possession of the marijuana, even though it was your buddy’s pot. Often the charge everyone in the car with the pot. That doesn’t make sense.
Example 2. House. Your house is raided for Meth. Drugs are found in the living room that don’t belong to you, but you are charged anyways with them.
Example 3. Campfire. You are up Provo Canyon around a campfire. The police arrive and you are charged with possession the marijuana that was found near you and the rest of the people.

CALL/TXT (801) 373-6345 FOR A FREE CONSULTATION REGARDING YOUR DRUG POSSESSION CASE.

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