What is the test for possession of a property?

California, United States of America


The following excerpt is from People v. Medina, B261041 (Cal. App. 2017):

Possession may be actual or constructive. "Constructive possession does not require direct physical control over an item 'but does require that a person knowingly exercise control or right to control a thing, either directly or through another person or persons.' [Citations.]" (People v. Howard (1995) 33 Cal.App.4th 1407, 1419.)

2. Evidence

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