Surprisingly, an object does not need to be under your physical control or over your person to be in your possession. If drugs or a gun are found under your bed, in the house you own, it is an area that you control, and therefore it could be considered in your possession. Knowledge of property is usually necessary to convict you of a crime Modern property laws originate from ancient Roman doctrines and were later introduced to the American colonies by the British. It is not surprising that historical notions of ownership have developed over time. Working with an experienced criminal defense attorney is the first step in understanding and defending a particular possession allegation. As in all criminal cases, your defense attorney will develop a strategy based on the specific facts of your case. You knew the object was there, but you didn`t know what it was You don`t need to exercise control of an object directly to own it. You may be convicted of possession if your dominance and control over the item is exercised by one or more other persons. Example: Police arrest Andy on suspicion of driving under the influence of drugs (DUI). A search finds several Vicodins in Andy`s bag.
Police arrest him for possession of a controlled substance as well as drunk driving.24 Implied possession involves knowledge of an object and the ability to control the object, even if the owner is not in physical contact with the object. For example, if you own a car and lend it to a friend, your friend owns the car, but lending the car to them does not transfer ownership of the vehicle. You have «real» possession of something when you hold it or have immediate access to it. This includes having it somewhere on your body or in something you hold or wear. Legal possession is the acquisition of a significant degree of physical control over a physical thing, such as land or movable property, or the legal right to control an intangible asset such as a loan, with the clear intention of ownership. In terms of land and chattel, possession may have started as a physical fact, but possession today is often an abstraction. For example, an officer or employee may have custody of an object, but he or she has no possession; His employer does this, even if he is thousands of miles away from the object he owns. Moreover, except in the most abstract way, it is not possible to speak of possession of intangible assets. Example: In the example above, Martin would still have the «constructive» property of the switch blade while the jacket was hanging in his bedroom closet – even if he wasn`t home at the time.
Simply buying something illegal does not alone give you control over an item.10 For example, if you make a deal with someone tomorrow to buy heroin, you wouldn`t have constructive ownership of it today. Common defense strategies for possession allegations could be: Wolf Law`s defenders in Denver examine the complex issue of possession in more detail below. The processing of the rate backup kit has been in the news a lot lately. But what exactly is a rape kit? A rape kit — better known as a Sexual Assault Proof Kit (SAEK) or Sexual Assault Kit (SAK) — is a container that contains materials and instructions for collecting possible DNA samples during one. Possession has several different legal definitions. If an object is on you, in your hand, in your pocket, etc., it can legally be defined as being in your possession. Possession can also mean that you knowingly have actual physical control over an item. Simply possessing a legally prohibited item is usually not enough to convict you of a crime. The prosecution must prove that you knew you had it. Also note that possession of an object is not required for possession.
Even if you don`t own an item, you may be in possession of it if it`s on you or in an area over which you have physical control. Depending on how and when it is used, the term possession has a variety of possible meanings. Possession, in particular, often plays a crucial role in criminal cases involving drugs and weapons. You don`t need instant access to an item to own it. You have a «constructive» property of something when you have control over it. or the right to do so. Control can be exercised directly – for example, the thing is in your house, car, etc. It may also be exercised indirectly by other persons (your «agents» – see section 4 below).8 2 See, for example, CALCRIM 2304 [Simple possession of a controlled substance]: . [A person doesn`t really need to hold or touch something to own it. It is sufficient that the person, personally or through another person, has control (or the right to control).
Legal definition of possession: The Texas Health and Safety Code § 481.002 (38) states that the legal definition of possession is «the actual care, custody, control, or administration» of a controlled substance. The legal definition of a controlled substance may include drugs and other substances used to dilute or falsify a drug. Texas Health and Safety Code § 481.002 (49) states that a diluent or adulterant is anything that is used to increase the amount or potency of the drug. In civil law countries, possession is not a right, but a (legal) fact that enjoys some protection by law. It may provide proof of ownership, but as such does not satisfy the burden of proof. For example, ownership of a house is never proven by mere possession of a house. Possession is a de facto state of exercising control over an object, whether it is the owner or not. Only legal (the owner has a legal basis), bona fide (the owner does not know that he does not have the right of possession) and regular (not acquired by force or deception) possessions can become property over time.
An owner enjoys a certain judicial protection against third parties, even if he is not the owner. Making possession a crime has given law enforcement and prosecutors considerable freedom to make arrests and convictions without proving the use or sale of the prohibited items. For example, a defendant found in possession of an illegal drug may escape conviction if the defence can prove that the defendant believed the drug was legal at the time. Cases such as this one from Missouri state that «possession is defined as the imprisonment and control, or manual or ideal custody, of anything that may be the object of property for its own use and pleasure, either as owner or as the holder of a qualified right in it, and personally or by another person exercising it in his place and on his behalf.» A temporary transfer of possession is called a deposit. Surety is often thought of as the separation of ownership and possession. For example, the library retains ownership of the book as long as you own it and has the right to take it back when your right is exhausted. A common transaction with a deposit is a conditional sale or hire purchase, where the seller leaves the buyer in possession of the item before it is paid. The buyer pays the purchase price in installments and when paid in full, ownership of the item passes from the seller to the buyer. See also People v.
Showers (1968) 68 Cal.2d 639, 643-644 («The accused has implied possession if he retains control or the right to control the contraband. Possession may be imputed if the contraband is found in a place directly and exclusively accessible to the accused and is subject to his control [citations]»). Actual possession means having the substance in their physical possession or control. An example of actual drug possession would be having the substance in your pocket or directly in your hand. Later that night, B returns to the park to look for cocaine. After 15 minutes of searching, he gives up. The next morning, when it is daylight, he comes back and looks again. A curious lady calls the cops. While one officer interrogates B, another quickly finds the vial. Police arrest B for possession of a controlled substance. In general, for a court to determine that a person was in physical possession of an object, it must have knowledge of the object and have the capacity to control it.
The exclusive right to control a place is solid proof that you constructively own what`s inside. However, exclusive control of a place is not required. You can constructively own something that you share with someone else or that is kept in a place you share with others.