What is the test for actual possession of a substance?
The following excerpt is from USA v. Cervantes, 219 F.3d 882 (9th Cir. 1999):
11. "Actual possession connotes physical custody or actual personal dominion." United States v. Batimana, 623 F.2d 1366, 1369 (9th Cir. 1980). Constructive possession requires that the defendant both knew of the controlled substance's presence and had the power to exercise dominion and control over it. See United States v. Behanna, 814 F.2d 1318, 1319-20 (9th Cir. 1987).
11. "Actual possession connotes physical custody or actual personal dominion." United States v. Batimana, 623 F.2d 1366, 1369 (9th Cir. 1980). Constructive possession requires that the defendant both knew of the controlled substance's presence and had the power to exercise dominion and control over it. See United States v. Behanna, 814 F.2d 1318, 1319-20 (9th Cir. 1987).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
