In Indiana, constructive possession is one of two types of possession. Constructive possession is possession of an object, even if it was not directly on you. When making a constructive possession claim, there are several elements that a prosecutor looks at:
- Where was it found?
- How close was the item to you when it was found?
- Was the item commingled?
- Was it mixed up with other belongings of yours?
- Did you have knowledge the item was there?
- Do you live with other people and not know that it was there?
There is no easy way to tell if an item was possessed by one person or another if it is not directly on someone. The court has to look at all of the elements and then determine if a person possessed an item or not.
Attorneys at the Marc Lopez Law Firm have done a jury trial on a particular case where a gun was placed in the glove box of our client’s car by his passenger. Our client owned the car, his other belongings were in the glove box, and he knew his passenger put the gun in there because he saw him do so. Even though our client checked all of the elements, evidence testimony came out that our client did not possess the gun and he was found not guilty.
At the Marc Lopez Law Firm, we love fighting cases. If you have any questions regarding a constructive possession case, give us a call at 317-632-3642 and remember—always plead the 5th!
