The following excerpt is from USA. v. Montiel, 185 F.3d 947 (9th Cir. 1999):
To prove constructive possession, the government must establish "a sufficient connection between the defendant and the contraband to support the inference that the defendant exercised dominion and control over the substance." United States v. Disla, 805 F.2d 1340, 1350 (9th Cir. 1986). It is not the same as merely knowing the [contraband] is nearby. "The circum stances of each case must be examined to determine if there is `such a nexus or relationship between the defendant and the goods that it is reasonable to treat the extent of the defendant's dominion and control as if it were actual possession.' " United States v. Cousins, 427 F.2d 382, 384 (9th Cir. 1970) (quoting United States v. Casalinuovo, 350 F.2d 207, 209-11 (2nd Cir. 1965)).
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