What is the test for constructive possession of a firearm under a crossfire between two people?
MultiRegion, United States of America
The following excerpt is from U.S. v. Huffhines, 967 F.2d 314 (9th Cir. 1992):
When premises are shared by more than one person, more than the mere proximity to the contraband, presence on the property where it is found, and association with the person or persons having control of it is required to establish constructive possession. United States v. Rodriguez, 761 F.2d 1339, 1341 (9th Cir.1985).
"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.
Other Questions
Does a drug dealer have a constructive "possession" or constructive possession of heroin? (MultiRegion, United States of America)
Does a finding that a defendant possessed a firearm during the commission of a drug offence constitute an unlawful possession of a firearm? (MultiRegion, United States of America)
Does a two-level enhancement under U.S.G. 2D1.1 for possessing a firearm in connection with the possession of a firearm? (MultiRegion, United States of America)
Is constructive possession a constructive possession charge? ("New York", United States of America)
In what circumstances will a convicted felon be found guilty of possession of a firearm for receiving and possessing a firearm at separate times? (MultiRegion, United States of America)
Does a finding that a defendant possessed a firearm during the commission of a narcotics crime offense for the purposes of a conspiracy to manufacture and supply a firearm for the purpose of carrying out the crime? (MultiRegion, United States of America)
Is a defendant required to have knowledge of the presence of a firearm as an element of constructive possession? (MultiRegion, United States of America)
When Pasterchik is charged with possession of a firearm under the Civil Code of Civil Procedure, is he permitted to transport a firearm in a vehicle? (MultiRegion, United States of America)
Is a convicted felon in possession of a firearm under the National Firearms Act? (MultiRegion, United States of America)
In what circumstances will a defendant not only be convicted but convicted of drug possession, but of possessing and possessing heroin, not having any authority or control of the drugs? (MultiRegion, United States of America)
