Legal Dictionary

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Constructive Possession

Constructive possession exists when someone does not have physical custody or possession, but is in a position to exercise control over something. For example, the driver of a car may be found to be in constructive possession of marijuana found inside the car's glove compartment. Or, the owner of a house may be found to be in constructive possession of the guns found there. It doesn't matter whether the drugs or guns actually belonged to the person. Constructive possession allows a person who does not actually have personal possession of something, yet still controls it, to be charged with a crime for possessing it.