Constructive Possession

Definition - What does Constructive Possession mean?

Constructive possession is the possession of an object even if it is not directly within one's direct vicinity. In order to have constructive possession, a person must have knowledge of the object, its whereabouts, and control over it. For example, a person who has buried illegal firearms in the woods would have constructive possession of them since they would have knowledge of the objects as well as the ability to control them

Justipedia explains Constructive Possession

Constructive possession is essentially a way to declare possession even if a person is not carrying the object or does not have it immediately within reach. This concept is used in criminal law. For example, if a person intends to make a bribe using diamonds that are being held in their safety deposit box in a bank, they would have constructive possession of the diamonds. This is because they have knowledge of them, know their whereabouts, and have control over them

Share this:

Connect with us

Find a Lawyer