What if the Drugs Found Were Not Mine, But I Was Still Charged?
The state must prove drug possession beyond any reasonable doubt.
In criminal court, there is a difference between possession and ownership. People can possess contraband they do not legally own. Police officers are very aggressive in this area. Law enforcement officers arrest millions of people for drug violations every year. 85% of these arrests are for simple possession. That is approximately one drug possession arrest every thirty seconds.
When these cases go to court, a Ft. Worth criminal defense lawyer often attacks one of the three proof requirements of a drug possession case. These three elements are outlined below. If the state does not meet its burden of proof on any one element, the defendant is not guilty as a matter of law. At that point, the state must normally dismiss the case.
Produce the Substance in Court
Prosecutors cannot satisfy this essential requirement unless officers have a valid warrant or a narrow exception to the warrant requirement applied. These exceptions include:
- Owner Consent: Any real property (land, house, etc.) or personal property (car, backpack, etc.) owner may consent to a law enforcement search of that real or personal property. Officers must obtain voluntary consent. They cannot bully owners into consenting.
- Plain View: If officers see contraband or rather a substance, they reasonably believe to be contraband, in plain view, they can seize it, whether or not they have warrants. This exception only applies if the traffic stop or other law enforcement contact is legal.
- Vehicle Exception: If officers have probable cause to believe that physical evidence of a crime is in a car, boat, or other vehicle, they may search that vehicle without a warrant. These searches must be narrowly tailored. Officers normally cannot look for illegal weapons under the hood.
On the off-chance officers have a warrant, that warrant is not automatically valid. It must be based on a sworn affidavit and meet other technical requirements, such as the qualifications of the judge who issued it.
Prove it Was Illegal
Unscientific “field tests” usually don’t hold up in court. Physical qualities are often deceptive. A number of years ago, several Dallas Police Department officers were disciplined when they arrested individuals for possession of cocaine. That “cocaine” turned out to be pool chalk dust.
This second element is especially hard to prove in possession of marijuana cases. Hemp, a legal substance, is physically identical to marijuana in every way. Only a scientific THC content test conclusively establishes the difference.
On a related note, the controlled substance list, particularly items like synthetic marijuana, changes frequently. Synthetic marijuana or other compound could be legal one day and illegal the next day.
Establish Legal Possession
Proximity is the easiest element of possession to prove in court, especially since Texas law broadly defines this term. However, prosecutors must also prove exclusive control and actual knowledge. Furthermore, they must prove these elements beyond any reasonable doubt.
Drugs in a locked glove compartment are a good example. Typically, unless the defendant had the key and was in the front passenger seat, the state cannot prove exclusive control. Furthermore, the defendant must know that an illegal drug, not a bottle of pain pills (which could be legally prescribed to someone in the car), was in the glove compartment.
Rely on a Dedicated Tarrant County Drug Defense Attorney
Drug possession charges often don’t hold up in court. For a confidential consultation with an experienced criminal defense lawyer in Ft. Worth, contact the Law Office of Kyle Whitaker. The sooner you reach out to us, the sooner we start working for you.