Excerpt from Attorney Ralph Behr’s Book. Street Smarts- Criminal Law 1.01 – What is Constructive Possession?

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100 ‘most asked ‘ questions

WHAT IS CONSTRUCTIVE POSSESSION?

You can be charged with possession of a controlled substance under the constructive possession theory.

Constructive possession means that although the controlled substance is not on your person or within your immediate vicinity, the contraband is in a place over which you have control.

The state must prove: 1) control over the place 2) that you have actual knowledge it is there 3) that you can exercise dominion and exclude others from possession.

Constructive possession can be charged to one person or more than one person, if it can be proven that everyone had equal or shared possession, knowledge and control.