Constructive Possession Cases

COMMONWEALTH V. HEIDLER III | FindLaw
The cases holding such a scenario sufficient to show constructive possession are too many to enumerate. What distinguishes this gun from other objects for which constructive possession is clear? ¶ 5 If this were a student concealing a handgun in a classmate's purse, we would not hesitate to affirm the finding of constructive possession. ... Fetch Here

Constructive Possession in Washington Drug Cases March 21, 2018 | by Blair & Kim, PLLC In Washington, a person may be convicted of possession of a controlled substance if he or she has actual or constructive possession of the substance. ... Return Document

Specific Performance - Wikipedia
Specific performance is an equitable remedy in the law of contract, whereby a court issues an order requiring a party to perform a specific act, such as to complete performance of the contract.It is typically available in the sale of land, but otherwise is not generally available if damages are an appropriate alternative. ... Read Article

Arlington Drug Lawyer VA Controlled Substance Attorney - YouTube
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Constructive Possession - Wikipedia
Constructive possession is a legal fiction to describe a situation where an individual has actual control over chattels or real property without actually having physical control of the same assets. At law, a person with constructive possession stands in the same legal position as a person with actual possession. ... Access This Document

Real Estate & Title Insurance Appeals - YouTube
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Henderson V. United States (2015) - Wikipedia
Henderson v. United States, 575 U.S. ___ (2015), was a United States Supreme Court case in which the Court held a court-ordered transfer of a felon’s lawfully owned firearms from government custody to a third party is not barred by §922(g) if the court is satisfied that the recipient will not give the felon control over the firearms, so that he could either use them or direct their use. ... Read Article

Larry Walker V. State Of Arkansas :: 2002 :: Arkansas Court ...
Knowledge of the presence of the contraband is a well-established element of constructive possession which has been developed better in premises cases than automobile cases. In Franklin v. State, 60 Ark. App. 198, 962 S.W.2d 370 (1998), we reversed a conviction based on constructive possession where joint occupancy of a house was at issue. ... Access Content

Seventh Circuit Criminal Case Of The Week: The Limits Of ...
The Seventh Circuit had only one new opinion in a criminal case last week, but, fortunately, it was an interesting one. Under 18 U.S.C. § 922(g), it is a federal crime for felons to possess a firearm. Proof of the crime is easy enough when a felon is found actually carrying a gun. But what ... Access Document

What Is Constructive Possession? - Blogs.findlaw.com
Constructive possession is often thrown around in criminal cases where a person is charged with the illegal possession of something that wasn't in his or her actual possession. The distinction can be hard to ferret out at times, but constructive possession is, in many cases, just as effective as actual possession in obtaining a conviction. ... Fetch Document

Com. V. Valette :: 1992 :: Supreme Court Of Pennsylvania ...
In drug possession cases, the Commonwealth must prove that a defendant had knowing or intentional possession of a controlled substance, and if the substance is not found on the defendant's person, then the Commonwealth must satisfy that burden by proof of "constructive possession." ... Access Full Source

Interpreting "Joint Constructive Possession" In Tamara Smith ...
Interpreting “Joint Constructive Possession” in Tamara Smith v. U.S. by Jamison Koehler on November 27, 2012. If constructive possession is a legal fiction, then joint constructive possession is a double legal fiction. It is not only that you do not actually possess the article in question (and by actual possession, I mean physical occupancy or control over the property). ... Document Retrieval

LEE V. STATE | FindLaw
An inference of knowledge may be drawn in cases of exclusive constructive possession, establishing the requisite nexus. Scott v. State, 808 So.2d 166, 171 n. 6 (Fla.2002)(referring to the Medlin 2 inference which arises in cases of actual possession). We have previously construed “exclusive,” in the possession context, to mean “vested in ... Doc Viewer

Difference Between Actual And Constructive Possession?
If you are currently facing charges for a criminal offense in Tennessee, and that offense requires the prosecution to prove that you “possessed” contraband of one kind or another, you should have at least a basic understanding of what is meant by actual and constructive possession. ... Read Full Source

SUPREME COURT OF THE UNITED STATES
Constructive kinds). Actual possession exists when a person has direct physical control over a thing. See Black’s Law Dictionary 1047 (5th ed. 1979) (hereinafter Black’s); 2A O’Malley §39.12, at 55. Constructive posses-sion is established when a person, though lacking such physical custody, still has the power and intent to exercise ... Read Content

Interesting Constructive Possession CaseNorth Carolina ...
The last batch of opinions from the court of appeals included a really interesting constructive possession case.The facts of State v. Slaughter, __ N.C. App. __ (2011), are as follows. Officers executed a search warrant at a mobile home. The defendant did not live in the home but was present at the time of the […] ... Access Document

That Ain't Mine: Taking Possession Of Your Constructive ...
One example of circumstances that is particularly useful in constructive possession of marijuana cases, is the distinctive drug odor.[8] It is hard to deny knowledge when you are enveloped in a haze of dope smoke. A defendant’s statements, furtive movements, nervousness or flight can also be ... Fetch Document

Constructive Possession Of A Controlled Substance
Constructive possession of a controlled substance exists where the suspect did not have the drugs in his actual possession, but did have dominion or control over them, knowledge of their presence, and knowledge of what the contraband actually was. In drug possession charges, or possession for sale charges, constructive possession is used by prosecutors to show that the defendant was in ... Access This Document

Defense Of Drug Charges - YouTube
Defense of Drug Charges Kenneth Vercammen Esq. Edison The burden of primary possession/constructive possession remains on the State. Plea bargaining is not permitted in Municipal Court CDS ... View Video

No Constructive Possession Proved In This Search Warrant Case ...
Constructive Possession. To support a conviction for possession of a controlled substance, the State must prove that the defendant had knowledge of the presence of the narcotics and that the narcotics were in the defendant’s immediate and exclusive control. Possession can be either actual or constructive. ... Fetch Here

CRIMINAL DRUG POSSESSION - ACTUAL Vs. CONSTR - Guides - Avvo
The State of Florida recognizes 2 different forms of drug possession, actual and constructive. This guide will help you determine what type of case you are involved in and whether or not you have any potential, valid legal defenses. ... Get Content Here

Florida Man Arrested For Constructive Possession Of An SBR ...
I have recently blogged about the issue of constructive possession of NFA firearms in my article NFA and Constructive Possession: Myth or Reality?. On August 27, 2009, Jesus Amador, Jr., was arrested by an undercover officer when he sought to sell his Heckler and Koch SP89 pistol. But, one can legally sell an H&K SP89,… ... Retrieve Content