What is constructive possession?

Constructive possession is a legal concept that applies to situations where a person has control or dominion over an item, even if they do not physically possess it. This can occur when the person has the ability to exercise control over the item, or when they have the intent to possess the item.

For example, if a person has keys to a safe deposit box that contains illegal items, they could be charged with constructive possession of those items even if they never physically touched them. Similarly, if a person has control over a vehicle that contains illegal substances, they could be charged with constructive possession of those substances.

Constructive possession is often used in drug possession cases, where individuals are charged with possessing drugs found in a car they were driving or in a home they were staying in. In these cases, prosecutors must prove that the individual had knowledge of the drugs and the ability to control them.

In legal terms, constructive possession is based on the idea that a person should not be able to escape liability for possessing illegal items simply because they did not have physical possession of them. It is often used to hold individuals accountable for possessing illegal items even if they were not physically in their possession.