CONTROLLED SUBSTANCES

A person's knowledge of the place or location of the substance alleged to be possessed is not the equivalent of possession. In addition, proximity to the items at issue is not sufficient to show possession. To apply the doctrine of constructive possession, it must be shown that defendant had immediate exclusive control of the area or premises where the items allegedly possessed were situated. . The status as owner-driver of the vehicle does not put Defendant into possession of everything within the passenger area when there are passengers present who may, in fact, be the ones in possession of the contraband. However, if the Driver is alone the matters change. 

TRAFFICKING OF CONTROLLED SUBSTANCES