Under Indiana law, you can be convicted of possession of illegal drugs (or other contraband such as a gun) found during the search of a passenger vehicle, even if you are merely the passenger. This concept is called constructive possession and is used to charge and convict both drivers and/or passengers when there is no way for the State to prove direct ownership or control over the drugs or who knew the illegal items were in the car. This is not a new legal concept.
To balance innocence, in cases of constructive possession, the State is required to prove the existence ... Read More