Washington Jury Instruction - Possession Or Transfer Of Non-Tax-Paid Distilled Spirits
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Per RCW 9.94A. 706, constructive possession means the power and intent to control the firearm, ammunition, or explosives. For example, a firearm kept in the car or home for self-defense constitutes constructive possession of the firearm.
The pattern instructions are not authoritative primary sources of the law; rather, they restate otherwise existing law for jurors. The pattern instructions do not receive advance approval from any court, although they are often treated as ?persuasive.? See, e.g., State v. Mills, 116 Wn.
WPI 15.01. 01 (7th ed.) A cause of an [injury] [event] is a proximate cause if it is related to the [injury] [event] in two ways: (1) the cause produced the [injury] [event] in a direct sequence [unbroken by any superseding cause], and (2) the [injury] [event] would not have happened in the absence of the cause.
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.
Constructive possession occurs when there is no actual physical possession but there is dominion and control over the substance.] [Proximity alone without proof of dominion and control is insufficient to establish constructive possession.
For example, if someone chains someone else's car to an immovable object, they have taken possession of it even though they have not moved it. Constructive possession can also refer to items inside of a vehicle. The owner and driver of the vehicle can be in constructive possession of all things inside their car.
To prove constructive possession, the prosecution must establish two elements: Knowledge of the item's presence; and. The ability to maintain control over the item.
WPI 10.01 Negligence?Adult?Definition. Negligence is the failure to exercise ordinary care.