Constructive Possession Onboard an Aircraft

[legalseeker]

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. Lets suppose for the sake of argument the person has no previous criminal record and has never been in any kind of trouble with the law. Also one other point to keep in mind is that when one is on an aircraft a person does not have exclusive access to his seat (i.e area under seat in front, area under his own seat, the seat pocket etc).Would finger prints etc be needed to convict you. Is there an international aviation law that protects passengers from such an event.

legal seeker