California, United States of America
The following excerpt is from People v. Peavy, D050290 (Cal. App. 3/21/2008), D050290 (Cal. App. 2008):
To be criminally liable for possessing a controlled substance for sale, the defendant must have either actual or constructive possession of the substance. (People v. Morante (1999) 20 Cal.4th 403, 417.) The elements of unlawful possession may be established by circumstantial evidence and any reasonable inferences drawn from such evidence. (People v. White (1969) 71 Cal.2d 80, 83.) When the trier of fact finds the defendant to have either actual or constructive possession of contraband, the defendant must have had the right to exercise dominion and control over the contraband or the right to exercise dominion and control over the place where it was found. (People v. Valerio (1970) 13 Cal.App.3d 912, 921.)
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