My name is ***** ***** I would be happy to provide general information regarding your question.
The answer to your question would be "yes." The police can still indeed seek to charge individuals under your given facts (actually obtaining a conviction, on the other hand, will be more difficult).
Possession of an item can come about two different ways. One is actual possession. This is the type of possession most people are familiar with (i.e., actually holding an item). However, under the law, possession can also be "constructive possession."
Constructive possession is where an item (although not physically on a person) is possessed by an individual because the individual had exclusive dominion and control over the item. For instance, if you leave your wallet in your car and go inside a store, even though you do not have the wallet on your person, it is still under your exclusive dominion and control...which means you have constructive possession of the wallet.
In Court, to obtain a conviction, the state would have to prove what I laid out. It is often very difficult to prove constructive possession as opposed to actual possession. However, just because the state will have difficulty in proving the case does not mean that the police still cannot charge an offense based upon constructive possession.
Any questions based on this? If so, please ask.
If not, please remember that experts here are not employees of JustAnswer and do not get credited for taking the time to provide general information to individuals until the individual clicks ACCEPT and rates the assistance provided. Your cooperation in this regard would be appreciated.