May 22, 2016 If a passenger car is occupied by more than one person, ownership of illegal contraband contained within the vehicle might be assigned to any of the occupants. Even though some of the persons in the car might not have owned the drugs or even known of the presence of the drugs, the law presumes ownership by anybody in the car at the same time as the drugs. Constructive Possession The concept of constructive possession is a legal theory presuming that if a person either knew or should have known about the presence of some property, and has the ability to control it, then that person has possession of it. In other words, if you know it is there and you can reach out and grab it, it is yours. The possession need not involve actual physical control, or presence on one’s person (i.e. in pants pockets, in waistline, etc.), but rather emerges at the intersection of knowledge and ability to control. Willful Ignorance Is No Defense Applied to the contents of the trunk of a car, constructive possession presumes the owner driving the car to have constructive possession of everything in it because the driver has the ability to open the trunk and access the contents, and either knew or should have known what was contained within. Actual knowledge or lack thereof is immaterial, since the law will presume that the owner should have known what was in the trunk of her own car. Willful ignorance is the state of intentional avoidance of knowledge of some wrongdoing or presence of some illegal contraband. This is no defense to charges arising out of constructive possession since it reiterates the “should have known” rule. This concept applies in the case of mules who drive a car laden with drugs from one point to another for an inappropriately high fee, but wish not to be told about the specifics of the contents of the trunk or door panels. Rebuttable Presumption While some legal presumptions are unrebuttable, such as the ability of a minor to consent to sexual contact, others will entertain a rebuttal. Constructive possession is not ultimately conclusive, and can be countered with evidence. It is a rebuttable presumption. It merely shifts the burden of proof to the defendant. Despite the standard of proof necessary to result in a criminal conviction being that of proof beyond a reasonable doubt, the presumption of constructive possession allows courts to place the defendant in a position to produce evidence refuting either knowledge or control of the property in question, rather than the prosecution carrying that burden. Get Experienced Legal Representation Knowledge exists in the mind of an individual, and can be misunderstood by third parties such as police and prosecuting attorneys. While the police, representing the executive branch of government, can gather evidence and make charges, only the courts, representing the judicial branch of government, can find a person guilty. If you or a loved one has been charged with a crime involving illegal possession, get experienced and competent legal representation. Contact the criminal defense lawyers at The Nahajski Firm at (206) 621-0500 for a free and confidential initial consultation.