Yes — and it happens more often than you think. In Florida, you can be arrested and charged with drug possession even if the drugs didn’t belong to you. The key issue is not ownership, but possession — which Florida law defines in ways that can put innocent people at risk.
Let’s break down how this works and what defenses may be available.
🚔 What Counts as Possession in Florida?
Florida recognizes two types of possession:
Actual Possession: The drugs were physically on your person (e.g., in your pocket or hand).
Constructive Possession: The drugs were not on you, but you had knowledge of them and control over the location where they were found — such as a shared car or bedroom.
This is why even passengers in a vehicle or roommates in a house can be arrested for drugs they didn’t use, buy, or know about.
🧪 Common Scenarios Where “It Wasn’t Mine” Comes Up
- Shared vehicles: A friend leaves drugs in your car without telling you.
- Roommate situations: Police find drugs in a common area of the house or apartment.
- Borrowed items: Someone leaves drugs in a backpack, purse, or jacket that you’re carrying.
- Traffic stops: Officers find drugs under a seat, and everyone in the vehicle is charged.
In each of these, the prosecution may try to argue constructive possession — unless you have a strong defense.
⚖️ Legal Defenses to Drug Possession When It’s Not Yours
As your criminal defense lawyer, we can pursue several potential defenses, including:
- Lack of Knowledge: You didn’t know the drugs were there.
- No Control Over the Area: You didn’t have access to or control over where the drugs were found.
- No Fingerprints or DNA: There’s no physical evidence linking you to the drugs.
- Multiple People Present: Others had equal or greater access to the location.
- Illegal Search: If the drugs were found through an unconstitutional search, we can move to suppress the evidence.
📍Why Constructive Possession Is Often Weak
Prosecutors must prove both knowledge and control beyond a reasonable doubt. That’s hard to do when:
- There’s no physical evidence connecting you to the drugs.
- You weren’t the only person who could’ve placed the drugs there.
- You deny knowing the drugs existed — and there’s no evidence to refute that.
This opens the door for a dismissal, plea deal, or even a not guilty verdict at trial.
👨⚖️ Don’t Try to Explain It Away — Call a Lawyer First
If you’ve been arrested for drugs that weren’t yours, don’t panic — fight back. At Michael White, P.A., we help clients across Fort Lauderdale and South Florida protect their freedom, challenge weak evidence, and fight back against wrongful charges.
🟡 Call today at (954) 270-0769 for a free consultation.
🟢 We handle state and federal drug crimes.
❓Frequently Asked Questions
Q1: Can I really be arrested for drugs that weren’t mine in Florida?
A: Yes. In Florida, the issue is not whether you own the drugs but whether you had possession — either actual or constructive. Constructive possession means you had access to the area and knew the drugs were there. That’s enough for an arrest, even if the drugs belonged to someone else.
Q2: What is constructive possession, and why does it matter?
A: Constructive possession is when drugs aren’t found on your person but are located in a place you control — like a car, shared bedroom, or backpack. Prosecutors must prove you both knew the drugs were there and had control over them. This concept is key in cases where the drugs aren’t yours.
Q3: What if the drugs were found in a shared vehicle or home?
A: If multiple people had access to the area where drugs were found, it becomes harder for the prosecution to prove you had exclusive control or knowledge. These shared-access scenarios create opportunities for your defense attorney to argue reasonable doubt.
Q4: Should I tell the police the drugs weren’t mine?
A: No. It’s best to remain silent and ask for a lawyer. Even saying “those aren’t mine” can be used against you by suggesting you knew the drugs existed. Anything you say can be twisted — so protect yourself by staying quiet.
Q5: What defenses are available if I’m charged but the drugs weren’t mine?
A: Common defenses include:
- Lack of knowledge
- Lack of control over the location
- Illegal search and seizure
- No physical evidence linking you to the drugs
- Reasonable doubt due to shared access
A skilled defense lawyer can challenge the state’s evidence and potentially get the charges dismissed or reduced.