Does a drug dealer have a constructive "possession" or constructive possession of heroin?
MultiRegion, United States of America
The following excerpt is from Hernandez v. United States, 300 F.2d 114 (9th Cir. 1962):
14 See also Thompson v. Bell, 129 F.2d 211, 215 (6th Cir. 1942). If the trial court had found that defendant shared control over the heroin, the defendant then would have had constructive "possession" of the heroin and the statutory presumption would have been brought into play under the decisions earlier referred to.
"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
Is constructive possession a constructive possession charge? ("New York", 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)
What are the instructions given to the jury in possession and constructive possession cases? (MultiRegion, United States of America)
What is the test for a drug dealer to be convicted of possession of heroin with intent to distribute the drug without trial? (MultiRegion, United States of America)
Is there a merger between possession of heroin and distribution of heroin? (MultiRegion, United States of America)
Is possession of a large quantity of heroin sufficient to support the inference of knowing possession? (MultiRegion, United States of America)
Can an inference be weaker in a case of constructive possession than actual possession? (MultiRegion, United States of America)
What is the case law on the charge of conspiracy to import heroin and possession of heroin? (MultiRegion, United States of America)
What is the test for constructive possession of a drug dealer? (MultiRegion, United States of America)
Does a conviction for possession rest on either actual or constructive possession? (MultiRegion, United States of America)
