California, United States of America
The following excerpt is from People v. Noel, E066474 (Cal. App. 2018):
"'California follows the long-standing rule that the employees of a business constructively possess the business owner's property during a robbery.'" (People v. Scott, supra, 45 Cal.4th at p. 752.) Therefore, "the prosecution may meet its burden of proving the element of possession by establishing that the alleged victim, from whose immediate presence the property was taken by force or fear, was an employee of the property owner and was on duty when the robbery took place." (Id. at p. 756.) Additionally, courts have expanded the theory of constructive possession to include even nonemployee victims who have the authority or responsibility to protect stolen property on behalf of the property's owner. (Id. at pp. 750, 753.)
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