Thank you for asking me: “What is the difference between Actual and Constructive Possession?”
Actual possession means that the item in question (be it a weapon, drugs, body parts… whatever form of contraband floats your boat) is on your person. It can be in your hand, in your pants pocket… it can even concealed inside of your body. If you are caught in exclusive actual possession in FL then your knowledge of its presence can be inferred – or assumed – by a Judge or Jury.
Constructive possession is a little more complicated. Not only does the State have to prove that you are in possession but they also have to prove your knowledge of the existence of the object in question.
Mere proximity to an object is insufficient to establish your control over it and so you mere proximity to an object cannot for the basis of constructive possession.
For constructive possession an object has to be either in a place over which you have control or where you yourself have concealed it. So, when an object is found in a place where you do not have control over it, in order to prove that you had possession the State is gonna be required to first establish A) that you had knowledge that the object was within your presence and B) that you could have exercised control over it if you chose to do so.
Two or more people can be in possession of the same object. This is called “joint possession”. So, if you and I are sitting on a sofa and a lit marijuana cigarette – “a joint” – is burning in an ashtray in between the two of us, even though neither of us is in actual possession we would both be in joint constructive possession of the joint.
At Michael A. Haber, PA “it’s all about reasonable doubt”!
Please note that no attorney-client relationship with either Michael A. Haber, PA or Michael A. Haber, Esq. exists as a result of your watching this Webisode series. Further any and all information which is both contained in and may be construed from this Webisode series is generic in nature and should only be considered as informational and not as actual legal advise in any specific case. Should you wish to seek actual legal advise then please feel free to contact Michael A. Haber, Esq. as follows:
Office Phone: 305-381-8686
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