When police find drugs in a car, everyone inside may feel nervous—even if the drugs don’t belong to them. In Minnesota, you can be charged with drug possession even if the drugs weren’t found directly on you.
This is called constructive possession, and it often comes up in vehicle drug cases. Understanding how courts analyze constructive possession is key to defending against these charges.
Actual vs. constructive possession
Minnesota law recognizes two types of possession in drug cases:
- Actual possession: The drugs are found on your person (in your pocket, hand, or bag you’re holding).
- Constructive possession: The drugs aren’t physically on you, but prosecutors argue you had knowledge of them and control over them.
Constructive possession is where many passengers get caught up in drug cases.
(See Minn. Stat. § 152.025)
How constructive possession applies in vehicles
If police stop a vehicle and find drugs:
- Driver: Often targeted first, since they control the vehicle.
- Passengers: Can also be charged if prosecutors believe they knew about the drugs and had access to them.
Courts look at the totality of the circumstances—not just where the drugs were found.
Factors courts consider
To prove constructive possession, prosecutors must show knowledge and control. Minnesota courts consider factors such as:
- Location of the drugs
- Were they in plain view or hidden?
- Were they in a common area (like the center console) or clearly associated with one person (like a backpack)?
- Proximity
- How close were you to the drugs?
- Were they within your reach?
- Statements and behavior
- Did anyone admit ownership?
- Did passengers act nervously, try to conceal something, or give conflicting statements?
- Other evidence
- Fingerprints, DNA, or personal belongings with the drugs
- Large amounts of cash or paraphernalia nearby
Why passengers are often charged
Police may charge all occupants of a vehicle where drugs are found, especially if:
- No one admits ownership
- Drugs are in a shared area
- The quantity suggests trafficking rather than personal use
From there, it’s up to the prosecution to prove constructive possession for each individual.
Defenses to constructive possession in vehicle drug cases
A skilled defense attorney can challenge constructive possession charges by arguing:
- Lack of knowledge: You didn’t know the drugs were in the car.
- No control: You couldn’t exercise control over the drugs (for example, they were in someone else’s locked bag).
- Proximity alone isn’t enough: Being near drugs doesn’t prove possession. Minnesota courts have ruled that proximity by itself does not establish constructive possession.
- Insufficient evidence: Prosecutors must prove more than suspicion or association.
Why these cases are complex
Constructive possession cases in vehicles are highly fact-specific. Small details—like where the drugs were found, whose belongings were nearby, and what each person said—can make or break the case. Because Minnesota drug laws carry severe penalties, including prison time and lasting criminal records, defending against constructive possession charges is critical.
For more information about drug charges, visit our Minneapolis drug charge lawyer page.
FAQs About Constructive Possession in Minnesota Vehicle Drug Cases
Can passengers be charged if drugs are found in a car?
Yes. If prosecutors believe you knew about the drugs and had access to them, you can be charged—even if you didn’t own the drugs.
Does sitting near drugs mean I’m guilty?
Not necessarily. Proximity alone is not enough. The state must prove both knowledge and control.
What if the drugs were in someone else’s bag?
If the drugs were in a bag or container clearly belonging to another person, you may have a strong defense.
Do I need a lawyer if I didn’t know about the drugs?
Yes. Prosecutors may still pursue charges, and you’ll need legal help to demonstrate lack of knowledge and control.
What are the penalties for constructive possession?
Penalties vary depending on the type and quantity of drugs. They range from misdemeanors to serious felonies with long prison terms.