ACTUAL OR CONSTRUCTIVE POSSESSION

State:
Multi-State
Control #:
US-JURY-10THCIR-1-31
Format:
Word
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Description

https://www.ca10.uscourts.gov/sites/default/files/clerk/Jury%20Instructions%20Update%202018.pdf 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 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.

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ACTUAL OR CONSTRUCTIVE POSSESSION