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Constructive Possession

The legal possession of an object, even if it was not in a person’s direct physical control. Often used in criminal law prosecutions for possession crimes, such as possession of illegal drugs. Generally, for a court to find that a person had constructive possession of an object, the person must have had knowledge of the object, and as well as the ability to control it. For example, someone with keys to a safe deposit box may have constructive possession to the contents of that box, and the owner of a car may have constructive possession of the contents of its trunk.    See also constructive.  

Definition from Nolo’s Plain-English Law Dictionary

When someone does not have actual possession, but has the power to control an asset, that person has constructive possession. Having the key to a safe deposit box, for example, gives one constructive possession.

Definition provided by Nolo’s Plain-English Law Dictionary.

August 19, 2010, 5:13 pm