Constructive possession definition

Constructive possession means possession by a person who, although not in actual possession, does not have an intention to abandon property, knowingly has both power and the intention at a given time to exercise dominion or control over the property, and who holds claim to such thing by virtue of some legal right.
Constructive possession means possession by a person who,
Constructive possession as used in this subsection means the power

Examples of Constructive possession in a sentence

  • Constructive possession is the condition in which a person does not have physical custody or possession, but is in a position to exercise dominion or control over a thing.

  • Constructive possession is an inference arising from a set of facts that possession of the contraband was more likely than not.

  • Constructive possession is the condition in which a person does not have physical custody or possession but is in a position to exercise dominion or control over a thing.

  • Constructive possession means a situation where the possessor has not taken physical delivery of the commodity yet it has come into his control and all rights and liabilities of the commodity are passed on to him including the risk of its destruction.

  • Constructive possession is a legal fiction, a pragmatic construct to deal with the realities of criminal law enforcement.


More Definitions of Constructive possession

Constructive possession means a person’s ability to exercise a conscious dominion over any alcohol or controlled substance, with or without other persons, including the power to control the alcohol or controlled substance and the intent to exercise that control.
Constructive possession means exclusive control or the intent to exercise exclusive control over a prohibited substance or prohibited method or the premises on which a prohibited substance or prohibited method is located.
Constructive possession means having the power and the intention at any given time to exercise dominion or actual control over the firearm either directly or through another person.
Constructive possession means the power and capability to exercise dominion and control over cigarette and tobacco products.
Constructive possession means a situation where the possessor has not taken the physical delivery of the commodity, yet the commodity has come into his control, and all the rights and liabilities of the commodity are passed on to him, including the risk of damages to it.
Constructive possession as used in this section shall mean the power and intent to exercise control over an object although not in actual physical possession of an object. Possession may be sole or joint and may be inferred from all relevant facts surrounding the circumstances. (as added by Ord. #380, Oct. 2011)
Constructive possession in relation to a person, means the person is deemed to be in possession of narcotics by reason of the fact that that person has control over another person who is in physical control of the narcotics, as to the disposal or otherwise of the narcotics;