Finding Drugs Is Not the Same Thing as Proving Who Possessed Them.
Drug cases can appear straightforward in a police report. Officers find a controlled substance, make an arrest, and submit the substance to a laboratory.
But finding drugs and proving a criminal offense are not necessarily the same thing.
The State may still have to prove what the substance actually was, how much of it existed, who knowingly possessed it, whether there is evidence of delivery, and whether police lawfully obtained the evidence.
Taylor Defense Firm examines the entire investigation rather than beginning with the assumption that the arrest proves the offense.
Possession Requires More Than Proximity
The presence of drugs near a person does not automatically establish knowing possession.
This issue can become especially important when drugs are discovered in:
- • a vehicle occupied by several people
- • a residence shared by several people
- • a borrowed vehicle
- • a bedroom or common area
- • luggage or containers belonging to another person
- • a vehicle that has recently changed possession
The defense may examine what actually connects the accused person to the substance rather than simply where the substance was found.
Constructive Possession
Many Texas drug prosecutions involve allegations of constructive possession rather than drugs allegedly found directly on someone's person.
Relevant circumstances may include:
- • ownership or control of the location
- • where the substance was located
- • whether it was concealed
- • who had access to the area
- • statements made by occupants
- • fingerprints or DNA
- • personal belongings near the substance
- • keys or access to containers
- • body-camera footage
- • cellphone evidence
The important question is whether the evidence actually connects the accused person to knowing possession.
Drug Cases Beginning With a Vehicle Search
A large number of drug cases begin as traffic stops.
The drug investigation may therefore require examination of the stop itself:
- • Why was the vehicle stopped?
- • How long was the detention?
- • Was the investigation extended beyond the reason for the stop?
- • Was consent requested?
- • Was consent actually voluntary?
- • What was the scope of the consent?
- • Was a drug dog used?
- • What facts allegedly established probable cause?
- • Where exactly were the drugs discovered?
Evidence discovered during an unlawful search may become the subject of a motion to suppress.
For more information about search and seizure issues in detail, see the Search & Seizure Defense page.
Confidential Informants and Controlled Buys
Some manufacture or delivery investigations begin with information from a confidential informant or an alleged controlled purchase.
Those cases may require examining:
- • how the informant was searched before the transaction
- • whether the informant possessed money or contraband beforehand
- • surveillance of the alleged transaction
- • audio or video recordings
- • gaps in surveillance
- • identification of the alleged seller
- • handling of the alleged drugs after the transaction
- • promises, payments, consideration, or benefits provided to the informant
- • whether additional people were present
The fact that police describe an event as a "controlled buy" does not eliminate the need to examine how controlled the transaction actually was.
Possession Versus Manufacture or Delivery
The distinction between possession and manufacture or delivery can dramatically affect a criminal case.
The State may rely upon circumstances such as:
- • quantity
- • packaging
- • scales
- • cash
- • communications
- • alleged customer lists
- • surveillance
- • statements
- • controlled purchases
Each piece of evidence should be examined individually and in context.
Laboratory Evidence
A field test is not the end of the analysis.
Drug cases may require examination of:
- • the laboratory report
- • the substance actually tested
- • the testing methodology
- • laboratory documentation
- • chain of custody
- • sample selection
- • gross versus net weight
- • substances or items that were never tested
- • whether the laboratory conclusion actually supports the charged offense
Drug Weight Can Determine Punishment
Texas drug punishment frequently depends upon the identity and aggregate weight of the controlled substance or mixture.
Small differences in weight can therefore produce major differences in potential punishment.
The defense should determine exactly what was weighed, what was tested, and how the State reached the alleged weight.
Cellphone and Digital Evidence
In delivery cases, prosecutors may attempt to use text messages, social-media communications, photographs, location information, or other digital evidence.
That raises additional questions:
- • Who actually authored the communication?
- • Who controlled the device?
- • How was the evidence obtained?
- • Was a warrant required?
- • What did the warrant authorize?
- • Does the conversation actually refer to drugs?
- • Is the State interpreting ambiguous language as criminal activity?
Taylor Defense Firm's Approach
Drug cases should be reconstructed rather than reduced to the allegation appearing in a police report.
Depending upon the case, that may mean comparing:
- • body-camera footage
- • dash-camera footage
- • search-warrant affidavits
- • laboratory reports
- • photographs
- • property inventories
- • dispatch records
- • cellphone extractions
- • informant evidence
- • surveillance
- • witness statements
- • chain-of-custody documentation
The objective is to determine what the State can actually prove and whether the evidence was lawfully obtained.
Request a Case Evaluation
If you are facing a Texas drug charge, Taylor Defense Firm can examine the alleged substance, possession evidence, search, laboratory evidence, digital evidence, and circumstances surrounding the investigation.
REQUEST A CASE EVALUATIONEducational Notice
Information on this page is provided for general educational purposes and is not legal advice. Criminal cases depend upon their individual facts and applicable law. Viewing this website or contacting Taylor Defense Firm does not by itself create an attorney-client relationship.