What is the test for a person to be found guilty of possession of a prohibited substance?

California, United States of America


The following excerpt is from People v. Aldave, G055045 (Cal. App. 2018):

"'Actual or constructive possession is the right to exercise dominion and control over the contraband or the right to exercise dominion and control over the place where it is found. [Citation.] Exclusive possession is not necessary. A defendant does not avoid conviction if his right to exercise dominion and control over the place where the contraband was located is shared with others.'" (People v. Busch (2010) 187 Cal.App.4th 150, 161.) "[P]ossession may be imputed when the contraband is found in a place which is immediately and exclusively accessible to the accused and subject to his dominion and control, or to the joint dominion and control of the accused and another. [Citation.] . . . [Citation.] 'The inference of dominion and control is easily made when the contraband is discovered in a place over which the defendant has general dominion and control: his residence [citation], his automobile [citation], or his personal effects [citation].'" (Id. at p. 162.)

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