possession

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Related to constructive possession: actual possession

possession,

n the control or custody of anything that may be the subject of property as owner or as one who has a qualified right in it.
References in periodicals archive ?
In order to establish (defendant's) constructive possession of a [begin strikethrough]controlled[end strikethrough] substance if the [begin strikethrough]controlled substance[end strikethrough] that was is in a place [begin strikethrough]over which the (defendant)[end strikethrough] [he] [she] does did not have control, the State must prove [begin strikethrough]the[end strikethrough]_(defendants) (1) knew that the substance was within [his] [her] presence has the control over the controlled substance and (2) begin strikethrough] knowledge that the controlled substance was within the (defendant's) presence[end strikethrough] exercised control or ownership over the substance itself.
begin strikethrough]However, you are permitted to presume that (defendant) was aware of the illicit nature of the controlled substance if you find that (defendant) was in actual or constructive possession of the controlled substance.
begin strikethrough]You are permitted to presume that (defendant) was aware of the illicit nature of the controlled substance if you find that (defendant) was in actual or constructive possession of the controlled substance.
Trafficking can be committed by sale, purchase, manufacture, delivery, bringing into this state, or actual or constructive possession of a certain amount of drugs.
This comparison to constructive possession in property law breaks
property law, constructive possession akin to the doctrine of
In this way, constructive possession acts in a manner akin to
owner's constructive possession of minerals that may be produced
To maintain the result reached in Muscarello, a court would probably need to apply a constructive possession standard, rather than actual possession (since the defendants stored the guns in the trunk, and needed considerable effort to retrieve them).
You are permitted to resume that defendant was aware of the illegal nature of the controlled substance if you find that (defendant) in actual or constructive possession of the controlled substance.
An issue in this case is whether (defendant) knew that the controlled substance was You are permitted to presume that (defendant) was aware of the illegal nature of the controlled substance if you find that defendant was in actual or constructive possession of the controlled substance.
If a the [begin strikethrough]thing[end strikethrough] controlled substance is in a place over which the [begin strikethrough]person[end strikethrough] (defendant) does not have control, [begin strikethrough]in order to established constructive possession[end strikethrough] the State [begin strikethrough] must prove the person's[end strikethrough] establishes constructive possession if it proves that the (defendant) (1) [begin strikethrough]control over the thing, (2)[end strikethrough] has knowledge that the [begin strikethrough]thing[end strikethrough] controlled substance was within the (defendant's) presence, and (2) has control over the controlled substance [begin strikethrough](3) knowledge of the illicit nature of the thing.

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