08-2341), even the doctrine of constructive possession has its limits. (2) constructive possession of a pet, companion animal, or assistance animal owned by the person or for which the person has been the primary caregiver. I did some case research tonight and this case discussed and distinguishes Thomsen Center from the typical AR owner who has an assembled short … Constructive Possession and Unwitting Possession Credit Criminal defense Criminal arrest This is a "rebuttable presumption" meaning the defense can put on evidence that the driver (or passenger) did not know the item/s were in the vehicle. Actual vs. (60) Likewise, in civil cases Texas courts of appeals have held that a constructive delivery occurs when the transferor sufficiently manifests his intent that the property belong to the transferee even though the transferee does not obtain possession (61) and even if a third party is not involved in the transaction. As the Texas Supreme Court has stated, the adverse possession “doctrine itself is a harsh one, taking real estate from a record owner without express consent or compensation.” Tran v. Macha , 213 W.W.3d 913, 914 (Tex. Actual possession of drugs and constructive possession of drugs are different types of drug charges. But, as the Seventh Circuit made clear last week in United States v. Katz (No. Often used in criminal law prosecutions for possession crimes, such as possession of illegal drugs. Constructive possession is "the power and the intention at a given time to exercise dominion and control over an object, either directly or through others". The Difference Between Actual And Constructive Possession Of Drugs. (b) For the purposes of this section: (1) "Family violence," " family," "household," and "member of a household" have … Constructive possession is a legal fiction to describe a situation in which an individual has actual control over chattels or real property without actually having physical control of the same assets. At law, a person with constructive possession stands in the same legal position as a person with actual possession. Generally, for a court to find that a person had constructive possession of an object, the person must have had knowledge of the object, and as well as the ability to control it. For example, if you are driving your car and the police stop you and find a stolen gun under the driver's seat, the state can claim that you are in possession of the gun. All of these factors could contribute to a charge of constructive possession. Constructive possession cases can become complicated. An example of constructive possession is when a minor is in an automobile where alcohol is readily accessible to any minor passenger in that vehicle. Thus, under the doctrine of “constructive possession,” a felon may indeed be convicted based on the discovery of a firearm in his home. In legal terms, “actual possession is what most of us think of as possession—that is, having physical custody or control of an object” (United States v. … Possession of an alcoholic beverage includes situations involving "constructive possession." Under Texas law, there are two forms of possession, either of which can result in serious drug possession charges.The first of these forms is known as actual possession and as its name suggests, occurs when law enforcement officers actually find illegal drugs in a person’s direct physical possession, such as in their hands or pockets. The prohibited person may know the combination and have access to the safe. 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