What is the test for constructive possession?
MultiRegion, United States of America
The following excerpt is from United States v. Albarran, Docket No. 17-2018, Docket No. 17-2097 (2nd Cir. 2019):
12. The test for constructive possession has been described with different formulations. Compare United States v. Herrera, 446 F.3d 283, 287 (2d Cir. 2006) (constructive possession involves "dominion and control" over the item) with id. (constructive possession involves "dominion or control" over the item). These differences are not material for our analysis.
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