Does unexplained possession of recently stolen property permit inference that the possessor knew that the property was stolen?

MultiRegion, United States of America

The following excerpt is from U.S.A. v. Samaria, 239 F.3d 228 (2nd Cir. 2000):

The unexplained possession of recently stolen property may permit an inference that the possessor knew that the property was stolen. See Barnes v. United States, 412 U.S. 837, 845-46 (1973). Such possession may be either actual or constructive. "Constructive possession exists when a person has the power and intention to exercise dominion and control over an object." United States v. Payton, 159 F.3d 49, 56 (2d Cir. 1998). However, "mere presence at the location of contraband does not establish possession." United States v. Rios, 856 F.2d 493, 496 (2d Cir.1988).

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