Rideshare and Delivery Drivers Caught in Drug Investigations.

In Pennsylvania, there are two distinct theories of possession.

Actual possession

Actual possession is the most straightforward theory of possession. This exists when a person possesses something in their actual or immediate physical control, as in the case of a driver holding drugs in their hand during a traffic stop.

Constructive possession

Constructive possession may exist when a defendant does not have immediate physical control over an item, but the Commonwealth must prove that the defendant knew of the item and exercised control over it. However, in order to find a defendant guilty of possession under the constructive-possession theory, the Pennsylvania court must find that the defendant had both knowledge of the item and control over it. With this higher bar for prosecutors, they must prove that a defendant knowingly possessed the item rather than just being in the area of physical proximity to it.

If drugs are found under a passenger’s seat, in a glove compartment, or on the vehicle floor, this can trigger an allegation of constructive possession. Because multiple occupants are typically present inside the vehicle, these types of drug offenses often carry factual uncertainty. Who knew where they were? And who had control over who came into the vehicle?

As a delivery driver or rideshare driver, you are the least likely person to know about the drugs and have the least ability to control what passengers do with their belongings. However, investigators will often seek to hold you liable because you were the person in charge of the vehicle. Ultimately, this makes it easiest for a defense lawyer to isolate you and protect you.

However, while knowledge is the critical factor in drug-related cases, your conduct can play a major role. You might know and have control over what passengers and customers leave in the vehicle, but your reactions and answers to investigators’ questions will be key. This makes working with a law firm imperative.

Rideshare and delivery drivers are at a unique disadvantage because they allow strangers into their vehicle and their business depend on openness. With this unique status, you cannot be held automatically responsible. Knowing where the item is, control of the item, and your conduct are key.

Which Trip, Package, and Platform Records Connect You to Another Person’s Drugs?

These records can connect a rideshare or delivery driver to another person’s drugs in the following ways:

I. Rideshare App Trip Records

The app trip record provides the details of the rideshare, including:

• Who the passenger was and where the trip began and ended.
• What date and time the trip took place.
• What route the passenger and driver took to reach their destination.
• Where the vehicle was throughout the duration of the trip.

II. Dashcam Footage and Audio Recordings

With rideshare app trip records, these records help to identify who else was in the vehicle, what that person may or may not have said, and who accessed the location where the drugs were found inside of the vehicle.

III. Passenger and Other Driver Statements

Passenger statements and other driver statements can also be extremely useful. These statements can help to isolate the driver as the one who did not know and did not have control of the drugs found inside the vehicle. When these statements are not available, the driver’s statements may instead be used as evidence in the criminal prosecution.

IV. Delivery Driver Contractor and Customer Statements

Delivery drivers, such as those for DoorDash and Uber Eats, can become targets of possession prosecutions too. A customer can supply a sealed package to a delivery driver, and the driver can then be blamed for the contents, even when they are not the source.

But, as a delivery contractor, if the driver does not inspect their customer’s package, the customer may argue that the driver intentionally avoided inspecting the package to maintain a defense for not knowing the contents. However, this is a knowledge dispute, and the driver should not have any reason to open a customer’s package.

In these circumstances, the delivery driver can be isolated as the least likely person to know about the drugs. This is also an example of how knowledge is a key factor and a key defense in drug cases.

What Do Investigators Examine Before Treating a Driver’s Trip as Possession with Intent to Deliver?

• A vehicle search follows when a passenger or delivery driver is seen with paraphernalia on the side, drugs are found inside the vehicle, or the odor of drugs is suspected. There are other investigative circumstances that can justify the vehicle search.
• When confronted with a vehicle search and seizure, the Pennsylvania source recommends that you try to document the:

- Ride duration

- Seating position of you and your passenger

- Number and names of passengers and occupants inside your vehicle

- Whether the vehicle search was conducted lawfully

- The conduct of the police throughout the interaction

• In any situation, ensure your vehicle search and seizure are examined for any constitutional or procedural defects, as this can be a major piece of evidence.
• Do you speak or understand English? Language barriers can affect how police officers question you and how they interpret your answers to their questions. A lawyer can determine if there were errors in translation, and whether this was taken advantage of. This also applies to your defense strategy, and your lawyer will know what language to use in a drug investigation.
• Delivery drivers are often targets for drug-related charges. This includes delivery drivers for DoorDash and Uber Eats. The larger the quantity of the package, the larger the chance the suspect is facing a charge related to the distribution of drugs. However, delivery drivers are agents who are assisting the customer’s needs. The larger the quantity does not make them the source of the drugs, and it does not make the driver knowingly possess the drugs. The size or amount of the drug find may make it clearer, as the driver had to keep a record of the package.

Spodek Law Group takes federal matters nationwide, coast to coast, and runs a fully online client portal so a case can be handled from anywhere.

Can Prosecutors Prove a Driver Knew About the Contents of the Packages Without an Admission?

In this case, a driver was transporting twelve packages from a residential address in New York. The driver claimed that he did not know of the contents when he collected the packages, and he stated that he delivered them to customers that may or may not have been known to him. This driver happened to have a camera in his car, and the footage captured the person who loaded the packages in his car and had the driver in the car during his conversation with the passenger. However, federal agents still arrested him. While he was under investigation, the driver waived access to counsel. When federal prosecutors took his recorded conversations, the driver’s lack of knowledge about the packages’ contents became a question of fact for a jury. The jurors considered the packages, their amounts and the circumstantial evidence, and determined that the driver knew what was in them.

Ultimately, the jury found a driver guilty because of the circumstances of his situation. He had the packages in his possession, and he agreed to transport the packages for money. There was a conversation between the driver and the person who loading the packages in the driver’s car. The person told the driver, “You want to take it? How much?” and the driver responded, “I don’t know, but I got to be paid.” The driver was convicted, and the jury decided that even though the driver did not admit to knowledge of the contents of the packages, the prosecutors’ case was enough.

The theory that prosecutors used to prove that the driver knew the contents of the packages was called conscious avoidance. This means that a driver intentionally avoided knowledge of his action. In other words, the jury felt that he had enough information to establish that he knew what was inside the packages, and that he should have raised questions about the nature of the items before transporting them. This is the legal standard they used, and, due to the circumstances, the driver was convicted.

What Federal, Immigration, and Financial Consequences Can Follow a Driver’s Drug Investigation?

I. Federal Drug Investigations

• DEA, FBI, ATF, Multiagency Task Force, A rideshare or delivery driver’s drug case can involve any of these federal agencies.
• DEA, The Drug Enforcement Administration, DEA, investigates federal offenses, such as illegal manufacture, distribution, sale, and trafficking of controlled substances (or attempts to do so). If a rideshare or delivery driver is suspected of distributing or trafficking drugs, these are all DEA offenses.
• FBI, The Federal Bureau of Investigation, FBI, may participate in federal drug cases, but often their involvement focuses on the overlap of drug offenses with other types of criminal activity, such as organized crime, financial offenses, and immigration offenses.
• Federal Drug-Related Offenses, Possession with intent to distribute or sell, conspiracy, possession with intent to manufacture a controlled substance, transportation, smuggling, possession of drugs and firearms, and aiding or abetting a drug crime are some of the common federal drug offenses.

II. Federal Immigration Consequences

Since many rideshare and delivery drivers in the United States are non-U.S. citizens or permanent residents, federal drug investigations have immigration consequences as well. Certain controlled-substance convictions can create immigration consequences, including removal proceedings, for noncitizens., and deportation proceedings can be initiated by U.S. Immigration and Customs Enforcement (ICE). Certain criminal convictions can create immigration consequences for noncitizens, including lawful permanent residents, and may result in removal proceedings.

III. Asset Forfeiture

Under the federal law, prosecutors can seek asset forfeiture even when defendants do not have a criminal record and when they are not guilty. A vehicle that was used to transport the drug or the drugs themselves can be taken away from a driver. An investigation into the driver’s money can also lead to the forfeiture of the vehicle and funds. Since rideshare and delivery drivers may use vehicles leased from a company, their rights to reimbursement can be affected by the asset forfeiture.

Talk It Through With a Lawyer

Every case turns on its own facts. Todd Spodek is the managing partner of Spodek Law Group, a second generation firm his father opened in 1976, and the firm takes federal criminal and white collar matters nationwide. Call 888 348 8028 to talk it through.