Which statement defines constructive possession?

Which statement defines constructive possession?

• A. In the hands or on the suspect or so close to be within ready reach.
• B. In a place which the suspect has control or when the suspect concealed it.
• C. Two or more suspects may jointly possess.
• D. Possession is limited to items carried by the suspect personally.

Answer: (B)

Constructive possession means you don’t have to be holding the item to possess it. If the item is in a place the person controls or if the person has concealed it, they still have the power to exercise control over it and know of its presence. This is why the statement that describes constructive possession is: the item is in a place the suspect has control or the suspect concealed it. For example, drugs found in a suspect’s car or a hidden stash in a location the suspect can access show constructive possession because the person has the ability to control or influence the item even though it isn’t on their person. The other ideas describe different concepts: being in possession by being on the person or within immediate reach is actual possession; two or more people having possession touches on joint possession; and possession being limited to items carried personally is false because constructive possession covers items not physically carried but still under the person’s control.

Constructive possession means you don’t have to be holding the item to possess it. If the item is in a place the person controls or if the person has concealed it, they still have the power to exercise control over it and know of its presence.

This is why the statement that describes constructive possession is: the item is in a place the suspect has control or the suspect concealed it. For example, drugs found in a suspect’s car or a hidden stash in a location the suspect can access show constructive possession because the person has the ability to control or influence the item even though it isn’t on their person.

The other ideas describe different concepts: being in possession by being on the person or within immediate reach is actual possession; two or more people having possession touches on joint possession; and possession being limited to items carried personally is false because constructive possession covers items not physically carried but still under the person’s control.