KLAW Blog Posted January 6 Report Share Posted January 6 Constructive Possession Constructive possession is the legal possession of an object that is not in the person’s direct physical control. Like other “constructive” meanings, constructive possession legally functions as actual possession in a variety of ways. In criminal law, establishing constructive possession is often done to further prosecutions for possession crimes, such as possession of illegal drugs. In property law, establishing constructive possession grants the owner the right to obtain physical control and/or a variety of rights over someone else’s physical control of that property. Generally, for a court to find that a person had constructive possession of an object, the person must have had knowledge of the object, and as well as the ability to control it. For example, someone with keys to a safe deposit box may have constructive possession to the contents of that box. As seen in U.S. v. Bailey, where mere existence of a firearm in a borrowed car could not uphold constructive possession, constructive possession cannot be established on the basis of ability to control alone. Source: https://www.law.cornell.edu/wex/constructive_possession Possession Possession means the ownership, control, or occupancy of any object, asset, or property, by a person. Cases such as this one from Missouri, explain that “possession is defined as the detention and control, or the manual or ideal custody, of anything which may be the subject of property, for one’s use and enjoyment, either as owner or as the proprietor of a qualified right in it, and either held personally or by another who exercises it in one’s place and name.” The two most common types of possession are: Actual possession, also called possession in fact, is used to describe immediate physical contact. This case from New York, explains that “actual possession is what most of us think of as possession—that is, having physical custody or control of an object.” This case from the Eleventh Circuit, explains that constructive possession, also called possession in law, exists when a person has knowledge of an object plus the ability to control the object, even when the person has no physical contact with it. Constructive possession is often used in criminal cases. Source https://www.law.cornell.edu/wex/possession And now for something completely different…. False DWI Arrests If you or someone you know has been accused of a crime, DUI or Drugged Driving. Call Komorn Law and turn your defense into an offense. Call Now 248-357-2550 Komorn Law Social Media Facebook Twitter Instagram LinkedIn YouTube Recent Posts What is Constructive Possession? MAKING THE MSP LAB ANALYST YOUR WITNESS Can a caregiver work in a licensed facility and retain their caregiver status under MMMA? Can you drink and drive on private property in Michigan? Another Case Dismissed Drug Recognition Evaluator Testimony Not Valid after COA Opinion News Scrape November 2022 Major Financial Association And 44 State Partners Demand Marijuana Banking Vote Michael Komorn-Featured Top 10 Criminal Defense Attorney Tag Cloud 2020 2021 BMMR CBD corruption. prosecutors detroit dispensary DUI forfeiture ginnifer hency hemp komornlaw lara law enforcement abuse laws legal Legalization marijuana Medical Marijuana Michigan MMFLA MMMA MMMA Regulations MRA news police politics Recreational Cannabis science shattuck DISCLAIMERThis post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas, private stuff and general internet BS. Therefore…Before you believe anything on the internet regarding anything – do your research on “Official Government and State Sites”, Call the Michigan State Police, Check the State Attorney General Website and Consult an Attorney – Use Your Brain. You’re on the internet. The post What is Constructive Possession? appeared first on Komorn Law. View the full article Link to comment Share on other sites More sharing options...
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