Q: What if the drugs were found in a common area with 2 people in a cell?
A: a lawyer would have to hear all the facts to make an intelligent evaluation.
However, the DA would probably argue constructive possession, as they clearly were within the control of either of the people in the cell. You will not be charged with ownership but rather possession.
A: I think the DA might have a problem proving who possessed it, which is defined as having access AND a right to control. Does either person have a prior conviction or history involving that drug? Would a review of recorded phone calls, into and out of the facility shed any light?
If the weight of the evidence doesn't tip toward one or the other, and no one's talking, it may not be worth the DA's trouble.
David Michael Lehr agrees with this answer
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