Q: Subject in question was charged with v.c.s.a possession of cocaine < 25g. Upon search of a motel room drugs were found.?
The Defendant had no drugs on person. Passed a drug screen and lie detector.
A:
What is your question? Possession can be either physical or constructive. If the drugs were not found on his person, I suppose the polygraph could refute him having knowledge of them, which is an element of constructive possession.
Still, that might be a question of fact for a jury, if you are wondering how or why they can continue to prosecute.
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