According to the Law and Legal Reference Library (n.d.), actual possession is what most of us think of as possession—that is, having physical custody or control of an object. In the first case the woman who has the bottle of drugs on her person is in actual possession of the drugs which makes it illegal. Regarding the male in case two the man is in constructive possession of the supposedly stolen television. Most courts say that constructive possession exists where a person knows about the object and has the ability to control the object, even though the person has no physical contact with it (Law and Legal Reference Library, n.d.). An example is, if one keeps valuables in a safety deposit box; the person knows of the valuables and can exercise control over them. Under constructive possession they are considered in possession of the person. Actual possession occurs when law enforcement finds an individual in possession of something unlawful. For instance if they find an individual holding drugs or having them in their pocket. Constructive possession is when one has the power and control over an item. According to HG.org (n.d.), for a constructive possession charge, an individual does not need to be in the vicinity of the item at the time it is discovered for a charge to be given, they just have to have the capacity to take physical possession of it when they choose. For instance, if a vehicle is parked in your driveway and turned off and there is nobody in it, then nobody is in possession of the vehicle. But whoever is in possession of the car keys has constructive possession of the car and its contents because they have control over it. The main difference between the two is that actual requires one to have actual possession whilst constructive possession needs one to have control of items that do not have to be physically near them.
References
Law and Legal Reference Library. (n.d.). Actual Possession. Possession . https://law.jrank.org/pages/9292/Possession-Actual-Possession.html
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Law and Legal Reference Library. (n.d.). Constructive Possession. Possession . https://law.jrank.org/pages/9293/Possession-Constructive-Possession.html
HG.org. (n.d.). When Can You Be Held Responsible for Drugs or Guns That Aren't Yours? Legal Articles . https://www.hg.org/legal-articles/when-can-you-be-held-responsible-for-drugs-or-guns-that-aren-t-yours-31626
