Common law possession crimes allow possession by which forms?

Common law possession crimes allow possession by which forms?

• A. Actual possession
• B. Constructive possession
• C. Both actual and constructive
• D. Neither

Answer: (C)

Common law recognizes two ways to prove possession for possession crimes: actual possession and constructive possession. Actual possession means you have the item in your physical custody—it's on your person or within your immediate reach. Constructive possession means you don’t have the item on you, but you have the power and intent to control it, and you know it’s located in a place you control (like in your car or home). Either form can support liability because the crime can be satisfied by direct physical control or by the ability to exercise dominion over the item. For example, drugs found in your car can establish constructive possession if you control the car and know the drugs are there; drugs found on your person show actual possession. Therefore, both forms are recognized as ways to possess for common law crimes.

Common law recognizes two ways to prove possession for possession crimes: actual possession and constructive possession. Actual possession means you have the item in your physical custody—it's on your person or within your immediate reach. Constructive possession means you don’t have the item on you, but you have the power and intent to control it, and you know it’s located in a place you control (like in your car or home). Either form can support liability because the crime can be satisfied by direct physical control or by the ability to exercise dominion over the item. For example, drugs found in your car can establish constructive possession if you control the car and know the drugs are there; drugs found on your person show actual possession. Therefore, both forms are recognized as ways to possess for common law crimes.