Does a person who has the right to control property have constructive possession of the property?

California, United States of America


The following excerpt is from People v. Ciurar, C080030, C080277 (Cal. App. 2018):

"[A] person who has the right to control property has constructive possession of it. [Citations.] For constructive possession, courts have required that the alleged victim of a robbery have a 'special relationship' with the owner of the property such that the victim had authority or responsibility to protect the stolen property on behalf of the owner." (People v. Scott, supra, 45 Cal.4th at p. 750, fn. omitted.) " '[I]t is enough that the person presently has some loose custody over the property, is currently exercising dominion over it, or at least may be said to represent or stand in the shoes of the true owner.' " (People v. DeFrance (2008) 167 Cal.App.4th 486, 497.)

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