Actual possession is the immediate and direct physical control of property. It involves physical control of the property, which can include direct physical contact with the property, or having the property in a place or container under the person's control. Examples of actual possession include holding a weapon in your hand or having drugs in your pocket. Constructive possession is the legal concept that a person can be deemed to be in possession of something even if they do not have actual physical control of it. This is because the law recognizes that a person can control something without having direct physical contact with it. Examples of constructive possession include having drugs in a bag that is within reach, or having a loaded weapon in a car belonging to the person. There are two main types of constructive possession: joint constructive possession and sole constructive possession. In joint constructive possession, two or more people must have knowledge of the item and access to it. In sole constructive possession, only one person has knowledge of the item and access to it.
ACTUAL OR CONSTRUCTIVE POSSESSION
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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.?
Constructive possession occurs when law enforcement finds drugs in your general area, but not on you. Multiple other people would also have access to the drugs. Take, for example, a person who is in their friend's living room when police come in with a search warrant and find drugs.
To show constructive possession, the State must demonstrate that the defendant exercised dominion and control over the contraband, had knowledge of the presence of the contraband, and had knowledge of the illicit nature of the substance.
Following are the important types of possession: Corporeal possession. Incorporeal Possession. Mediate possession.
Types of Possession Actual Possession. You have actual possession when you have physical control over something.Constructive Possession. You have constructive possession when something is not immediately accessible to you, but you have control or the right to control over a thing 3.Joint Possession.
Definition of Actual Possession In other words, actual possession is the term that is commonly used to refer to being in immediate physical contact with the object in question. Somebody that is carrying a cellphone in their pocket, for example, is considered to have actual possession of that cellphone.
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.
The law provides for two different charges: Actual possession of drugs is when the police find the drugs on you, in your hand, and no one else had equal access to the drugs found. Constructive possession of drugs occurs when law enforcement believes there are multiple people with knowledge and access to drugs.