Dangerous Objects and Substances

Question 1

What are the 3 types of Possession?

Answer 1

1. Actual Possession
2. Constructive Possession
3. Joint Possession

Question 2

1. Actual Possession

Answer 2

(1) Having actual physical control over the thing and (2) knowingly be aware of this control

*Knowledge:
1. If a party has suspicion but deliberately omits to make further inquiries because he wished to remain in ignorance.
2. Requires awareness of a high probability that a fact exists
3. Ask if there is direct or circumstantial evidence that D had “positive knowledge.

Question 3

2. Constructive Possession

Answer 3

(1) Having the power to exercise dominion and control over that thing even without actual possession and (2) knowingly be aware of this control.

• *The mere presence of D in the area is insufficient to prove constructive possession.

*5 factors to determine of there was constructive possession:
1. Whether D knew that the thing was present in the area;
2. D’s relation to the person in actual possession of the drugs;
3. Whether there is evidence of recent drug/weapon use;
4. D’s proximity to the drugs; and
5. Any evidence that the area is frequented with drug/weapon users.

Question 4

3. Joint Possession

Answer 4

A person is in joint possession of something illegal that is in the physical possession of a companion if he willfully and knowingly shares with the right to control it.