Technically, you could be charged under the theory of constructiove possesion, although, because the dope was on someone else's person, the State would mostlikely not win. The sucess of a consructive possesion case depends upon how likely it is that you might be the owner of the drugs, that is, if no one admits to their ownership. For instance, if there are four of you in the car and the search finds the drugs somewhere in the front of the car, then it is more likely that they belong to the driver of the car or the fornt seat passanger due to the drugs proximity to those passangers. They also will look to who the owner of the vehcile is if they have no other incidation of which one of the passangers actually possesed the drugs, i.e., stuffed between seats or placed randomly on the fioor. These cases depend upon the facts of the partiucalr situation.
Answered on Nov 16th, 2020 at 8:36 AM