Defending Against a Drug Possession Charge When You Were Just a Passenger

It’s a terrifying experience to be arrested for drug possession. But it can be an especially odd feeling when the drugs weren’t even yours in the first place! If you were simply a passenger in a car where drugs were found, you might think you’re off the hook. Unfortunately, that’s not always true in Florida.

Florida law says that you can be arrested and charged with a possession offense for being in close proximity to illegal drugs—even if you weren’t in actual possession of them. Prosecutors may claim that you had “constructive possession” of the drugs, which means that you knew they were there and could exercise control over them. However, this does not mean that you are without hope. There are a number of powerful legal defenses that a skilled criminal defense lawyer can use to fight back against the charge and help protect your rights.

What Does “Constructive Possession” Mean?

In Florida, there are two types of possession:

Actual possession: This is the easiest to prove since the drugs were found on your person. For example, the drugs were in your pocket, wallet, purse, backpack, etc.

Constructive possession: This is when the drugs were not on your person, but the prosecution believes you knew they were present and had access to and control over them.

As a passenger in a vehicle where drugs are found (on the floor, in the center console, glove box, or under a seat), you can be charged with constructive possession of the drugs if no one in the car claims ownership.

In order to prove that you were in constructive possession of the drugs, the State must prove all three of the following elements:

• You knew that the drugs were present
• You knew the drugs were illegal
• You had some type of control over or dominion over the drugs or the area where the drugs were found.

However, in practice, these three elements can be very difficult for the prosecution to prove beyond a reasonable doubt—especially if there were several people in the car.

The Most Common Circumstances That Lead to Passenger Arrests

Here are some common scenarios that have led to the arrests of passengers who did not own the drugs:

Drugs Found in the Glove Box or Console

You were in a friend’s car, and they were pulled over for a broken taillight. The officer searched the car and found drugs in the glove compartment. No one in the car claimed ownership, so all the passengers are charged.

Traffic Stop in Which Police Claim to Smell Marijuana

Officers claim they smelled marijuana coming from the car, so they searched it. They find a small amount of cannabis under the seat and arrest you and the driver. You didn’t know it was there, but because it was “near you,” you’re now under arrest.

Prescription Pills Found in a Backpack

The driver’s backpack was in the backseat. Police search the backpack and find a bottle of pills in it that were not prescribed to the driver or any other passenger. The driver says it’s not his, so you’re both charged.

In each of these scenarios, the key legal question becomes: Did the State actually prove you knew the drugs were there and that you had some control over them? If not, you may have a strong defense.

Defending Your Constitutional Rights as a Passenger

The good news is that, even as a passenger in a vehicle, you still have important constitutional rights:

Fourth Amendment: You have the right to be free from unreasonable searches and seizures. If the police did not have probable cause or another valid basis to search the vehicle, the evidence might be suppressed.

Fifth Amendment: You have the right to remain silent. Anything you say can and will be used against you in court.

Sixth Amendment: You have the right to legal counsel. If you’re arrested or questioned, you should ask to speak to a lawyer immediately.

A good criminal defense lawyer will be able to look at how the traffic stop and search of the vehicle were conducted. If the police violated your constitutional rights, then your charges may be thrown out entirely.

How a Criminal Defense Lawyer Can Help in a Case Like Yours

It’s important not to assume that the truth will simply prevail if you are charged with drug possession as a passenger in Florida. The criminal justice system is not always fair or just, and prosecutors will often try to pin the drugs on you as the “least bad” person—even if they don’t belong to you.

This is why it’s so important to work with an experienced drug possession defense attorney who can use several powerful legal defenses, including:

Challenge the Traffic Stop or Search. If the traffic stop was illegal or if the search of the vehicle was done without consent, a warrant, or probable cause, then your attorney can file a motion to suppress the evidence. Without the drugs as evidence, the State’s case will likely collapse.

Argue That You Lacked Knowledge and Control. Simply being in the car is not sufficient to prove possession. Your attorney can argue that you did not know the drugs were present and had no ability to control or access them. If the drugs were found in a locked compartment or in someone else’s bag or purse, it would be even more difficult for the State to prove your guilt.

Point out Inconsistent or Missing Evidence. Police often do not get fingerprints, surveillance video, DNA, etc. Your lawyer will point out this lack of evidence to show that the prosecution cannot prove its case beyond a reasonable doubt.

Negotiate for Dismissal or Diversion. If you have a good, clean record and the evidence is weak, your attorney may be able to negotiate with the prosecutor to have your case dismissed, reduced in severity, or have you participate in a diversion program that will allow you to avoid a conviction.

Expose Police Misconduct or Errors. Sometimes, overzealous police officers will arrest everyone in the car without conducting a real investigation. If your rights were violated or the arresting officer was aggressive or unethical, your lawyer will use this in the defense of the case in an attempt to get the charges thrown out.

Call Today to Protect Yourself and Your Rights

The bottom line is that, even if the drugs in a car were not yours, you should take the charge of drug possession in Florida seriously. The law does not automatically excuse your conduct simply because the drugs weren’t in your pocket, purse, or backpack. But with the right defense, you may be able to fight the charges and protect your future. Contact our office today to discuss your options.