When a narcotics search warrant is executed by the police at a home or apartment, often times there are other persons present who do not have anything to do with the controlled substance found on the premises, but become immediate suspects simply by being present. If you find yourself in this unfortunate situation, you have a defense.
Before you can be be convicted of possession of a controlled substance in Minnesota, the prosecution will need to prove that you possessed a controlled substance either physically or constructively. Physical possession occurs when the drug is found on your person by the police. Constructive possession occurs when the police find the controlled substance in an area under your control to which other persons do not normally have access, like your car or bedroom. If the controlled substance is found in an area where others do have access, the prosecution will need to prove that at the time the controlled substance was found, there was a strong probability that you were exercising dominion and control over the area. An example would be where the police found you sitting in a room with four other suspects and a pound of marijuana was located on a table in the middle of the room.
The “Best Defense” is to examine the affidavit submitted in support of the search warrant to determine if there was sufficient probable cause for the judge to issue the warrant. A secondary line of defense is to determine if the warrant was properly executed by the officers. The third line of defense is to determine whether or not the prosecution can prove to a jury beyond a reasonable doubt that you either phyically or constructively possessed the controlled substance.
If you or someone you know has been charged with a controlled substance offense, you will need experienced defense counsel to protect your reputation and your freedom. Call Robert J. Shane, Attorney at Law, for a free initial case evaluation at (612) 339-1024 or visit his website at www.criminallawyerminnesota.com for more information.