Constructive Possession Onboard an Aircraft

Hi,

Recently I read a news article where a drug mule got cold feet and dumped the drugs in the aircraft toilet.

I wanted to know if the following scenario were is happen on board an aircraft could one be charged with constructive possession.

A drug mule sitting next to you gets cold feet and slides the drugs in your seat pocket or under your seat while you are having a nap or off to the toilet. OR The aircraft cleaners did not clean the aircraft properly and drugs were left in your seat pocket or under you seat from the last flight. How often do you check to make sure there are no drugs in your seat pocket before you fly :). Now lets suppose the aircraft gets searched by security while you are still on board due to a security incident. The security officers discover drugs under your seat or in your seat pocket or in your overhead locker.

Can one be convicted for constructive possession by the simple fact that the drugs were found under your seat or in your seat pocket. Would finger prints etc be needed to convict you. Is there an international aviation law that protects passengers from such an event.

legal seeker

Yes, it's possible; No; No.

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Quoting Mr. Knowitall

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Yes, it's possible; No; No.

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Don't you think if someone could be convicted of constructive possession just by the simple fact that contraband was found underneath their seat or in their front seat pocket. The fact that they do not have exclusive access or control of their seat. If someone could be convicted on this basis alone, it would be very easy to frame an innocent person.

Is this a hole in the constructive possession law or is this law correct in its interpretation of this situation.

LS

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Quoting legalseeker

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Don't you think if someone could be convicted of constructive possession just by the simple fact that contraband was found underneath their seat or in their front seat pocket. The fact that they do not have exclusive access or control of their seat. If someone could be convicted on this basis alone, it would be very easy to frame an innocent person.

Is this a hole in the constructive possession law or is this law correct in its interpretation of this situation.

LS

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Review this case for CP case law. Here ALL 3 passengers were arrested when drug possession ownership was denied. I remember it when it was handed down in 2003.

You do have a point, and it is WITH merit. CP is in the eyes of the officer and his experience and judgment, so yes, your argument is very sound.

Syllabus:


http://supct.law.cornell.edu/supct/html/02-809.ZS.html