Legal Definitions - equal-access rule

The equal-access rule is a legal principle primarily applied in criminal law, particularly in cases involving the possession of illegal items or contraband. This rule states that a person cannot be convicted of possessing illegal items if other individuals had the same unrestricted access to the specific location where those items were discovered.

To successfully use this defense, the accused must present evidence demonstrating that other people did, in fact, have comparable access to the premises. Simply speculating that someone else *might* have been responsible or that trespassers *could* have entered the property is generally not sufficient to prevent a conviction.

Here are some examples illustrating how the equal-access rule might apply:

• Shared Living Space: Imagine police execute a search warrant on an apartment shared by three roommates. During the search, a bag of illegal drugs is found in a common area, such as the living room coffee table. If one roommate is charged with possession, they could invoke the equal-access rule. They would argue that all three roommates, as well as any guests they might have, had unrestricted access to the living room. Without additional evidence linking the drugs specifically to the charged roommate (e.g., fingerprints, admissions, or discovery in their private bedroom), it would be challenging for the prosecution to prove that particular individual had exclusive possession or knowledge of the drugs.

• Company Vehicle: Consider a delivery company where several drivers use the same company van throughout the week, with each driver having their own key. If illegal firearms are discovered hidden under a seat during a routine traffic stop while one specific driver is operating the van, that driver might be arrested. However, the driver could argue the equal-access rule, pointing out that multiple other employees regularly drove and had access to the vehicle. This defense would suggest that any of the previous drivers could have placed the firearms there, making it difficult to prove that the arrested driver was the one who possessed them.

• Accessible Storage Unit: Suppose Mr. Henderson rents a storage unit, but he has also given keys to his adult daughter and his business partner, who both frequently access the unit for various personal and professional items. If law enforcement finds stolen goods inside the unit during a search, Mr. Henderson might be charged. He could then use the equal-access rule as a defense, explaining that his daughter and business partner also had unrestricted access to the unit. This would create doubt as to whether Mr. Henderson was the sole possessor of the stolen goods, as either of the other authorized individuals could have placed them there without his knowledge or involvement.