Constructive Possession of Drugs in Pennsylvania: An Exercise in Legal Fiction or Practical Evidentiary Analysis?

Abstract

The continuing growth of illegal drug use and possession is a growing concern in modem America. For law enforcement agents and the judiciary, control is limited by this growth, as well as statutory and constitutional definitions and restrictions. In this work, the author analyzes the “possessory” definitions commonly employed in controlled substances legislation. While some attention is given to actual possession, the thrust of the article deals with the definition of constructive possession since it is in constructive possession cases that many inferential variables emerge and must be considered by the court when making a ruling. By examining the historical import of these variables at the Pennsylvania appellate level over the past twenty years, a set of guidelines can be established based on these historical decisions to develop a standardization of evidentiary factors which the courts can employ to effect rulings that are precise and insightful.