In legal truth you do not have to have actual possession of anything to be charged and arrested for a possession crime (offense). In fact there are three types of possession:
1. Actual possession.
You have it on your person, in your purse, in your back pack, or in the waistband of your underwear. Some drug trafficking mules may even have in it located in parts unknown or ones we would rather not think about.
2. Constructive possession.
You have control over an area or a place or a space. Maybe it is in your car, in your locker, in your apartment or your house or your garage. Under the law we say that you have dominion over it. You can unlock it, move it, or keep it secured from view or possession of another.
3. Presumptive possession.
This is one that many people are often surprised about. Everyone passing that joint (the blunt, the pipe, the bong) at the party has presumptive possession. This is the hot potato syndrome. The potato is really everyone's and no one's, no one wants it but all possess it. Everyone in the car, everyone at the party, everyone in the room can be charged.
see my blogs and video on possession for more information.
Dr. Lawrence (Larry) Newman
Attorney at Law
Doctor of Chiropractic
504 North Aurora Street
Ithaca, NY 14850