Imagine you’re riding in your roommate’s car when police pull you over. During a search, they find drugs — maybe in the glovebox, under a seat, or in the trunk. You didn’t know they were there, but now you’re being questioned or even arrested.
Can I really be charged with possession for something that wasn’t mine?
In Minnesota, the answer is yes — you can be charged even if the drugs weren’t yours. But whether you’ll be convicted depends on what the state can prove about your knowledge and control over those drugs.
Here’s how Minnesota law handles possession in shared spaces, like cars or apartments, and what defenses may help you avoid a conviction.
How Minnesota defines drug possession
Under Minnesota Statutes § 152.025–§ 152.021, possession of a controlled substance can be charged as either:
- Actual possession, or
- Constructive possession.
Actual possession
Means the drugs were physically on you — in your pocket, hand, or bag. That’s the most straightforward kind of possession case.
Constructive possession
Means the drugs weren’t on your body, but prosecutors believe you knew about them and had the ability to control them.
This is where things get tricky in shared spaces — like your roommate’s car.
What prosecutors must prove in a shared-car case
To convict you of drug possession when the drugs were found in someone else’s car, prosecutors must prove:
- The substance was an illegal controlled drug.
- You knew the drug was in the car.
- You intended to exercise control over it or had access to it.
If they can’t prove both knowledge and control beyond a reasonable doubt, the charge should not stand.
However, because “knowledge” and “control” are often based on circumstantial evidence, prosecutors sometimes overreach and charge everyone present.
When police can charge passengers
Police may charge you as a passenger if:
- The drugs were in plain view near you (such as on the seat or floorboard).
- Your belongings (like a backpack or purse) were near the drugs.
- Officers claim you acted nervous or evasive during the stop.
- You made statements suggesting awareness of the drugs.
Even without direct evidence, prosecutors can argue “joint possession,” meaning both you and your roommate exercised control.
Learn more about Minnesota drug laws on Martine Law’s drug charge defense page.
What counts as “constructive possession” in Minnesota
Minnesota courts use the constructive possession doctrine to handle shared-space drug cases. This rule says you can be guilty of possession even without physically holding the drugs if:
- They were found in a place you exclusively controlled (like your bedroom, purse, or locked glove box), or
- You knew about them and had access to the area where they were found.
Example 1: Exclusive control
If the drugs were in your backpack or under your seat, prosecutors can argue you had control.
Example 2: Shared space
If the drugs were in the center console or backseat, and multiple people had access, it’s harder for the state to prove who possessed them.
Example 3: Hidden drugs
If police found drugs under a seat or inside a compartment you didn’t know about, your attorney can argue lack of knowledge — one of the strongest defenses to constructive possession.
Penalties for drug possession in Minnesota
Penalties depend on the type and amount of drug found.
Felony-level charges (Controlled Substances 1–4)
- Can involve meth, cocaine, heroin, or large amounts of pills.
- Sentences range from 5 to 30 years in prison and fines up to $1 million.
Fifth-Degree Possession (Minn. Stat. § 152.025)
- Covers smaller quantities of most drugs.
- Often charged as a felony (up to 5 years) or gross misdemeanor for first-time offenders.
Even if the drugs belonged to your roommate, a conviction can lead to jail time, probation, license suspension, and a permanent criminal record.
Defenses when drugs weren’t yours
When drugs are found in someone else’s car, the key to your defense is casting doubt on your knowledge or control. A Minnesota drug defense attorney can use several strategies:
1. Lack of knowledge
You didn’t know drugs were in the car. Your roommate never mentioned them, and nothing suggested their presence.
2. No control or access
You had no ability to access or influence where the drugs were hidden — for example, in a locked glove box or sealed bag.
3. Illegal search or seizure
Police must have probable cause to search a car. If they searched without consent, a warrant, or valid justification, your attorney can move to suppress the evidence.
4. Statements or evidence misinterpreted
You might have appeared nervous or said something vague that officers took out of context. A defense lawyer can challenge the reliability of those statements.
5. Someone else claimed ownership
If your roommate or another passenger admits the drugs were theirs, that may be enough to create reasonable doubt about your guilt.
See how Minnesota courts analyze these defenses on Martine Law’s criminal defense page.
What to do if you’re charged
If police found drugs in your roommate’s car and you’re facing charges:
- Do not speak to police or prosecutors without an attorney. Anything you say can be used to link you to the drugs.
- Contact a criminal defense attorney immediately. Early intervention can help prevent charges or lead to dismissal.
- Gather evidence showing lack of control or ownership (texts, witness statements, or location data).
- Avoid discussing the case with your roommate or others involved.
- Show up to all court dates and follow your lawyer’s advice closely.
Key takeaways
- You can be charged with drug possession in Minnesota even if the drugs were found in your roommate’s car.
- Prosecutors must prove you knew about the drugs and had control over them.
- Constructive possession cases are complex and rely on circumstantial evidence.
- Defenses include lack of knowledge, no access, illegal search, and evidence showing the drugs belonged to someone else.
- An experienced attorney can help challenge the state’s case and protect your record.
If you were charged with drug possession in Minnesota after a search involving someone else’s car, Martine Law can help. Our experienced defense attorneys know how prosecutors build these cases — and how to dismantle weak or circumstantial evidence.
We’ll fight to prove you had no knowledge or control over the drugs and protect your future from unnecessary convictions.
Contact Martine Law today for a confidential consultation.
Primary Keyword: drug possession roommate car Minnesota
Meta Title: Drug Possession in a Roommate’s Car in Minnesota | What You Should Know
Meta Description: Learn if you can be charged with drug possession in Minnesota when drugs are found in your roommate’s car and what defenses can protect you.