What is the test for establishing a charge of constructive possession?

MultiRegion, United States of America

The following excerpt is from United States v. McElmurry, 776 F.3d 1061 (9th Cir. 2015):

16 See United States v. Mincoff, 574 F.3d 1186, 1198 (9th Cir.2009) (We adopt the rule articulated by our sister circuits that a narcotics distribution charge may be established without proof of possession.).

16 See United States v. Mincoff, 574 F.3d 1186, 1198 (9th Cir.2009) (We adopt the rule articulated by our sister circuits that a narcotics distribution charge may be established without proof of possession.).

17 See United States v. Terry, 911 F.2d 272, 278 (9th Cir.1990) (To prove constructive possession, the government must prove a sufficient connection between the defendant and the contraband to support the inference that the defendant exercised dominion and control over the substance.) (internal quotation marks omitted).

17 See United States v. Terry, 911 F.2d 272, 278 (9th Cir.1990) (To prove constructive possession, the government must prove a sufficient connection between the defendant and the contraband to support the inference that the defendant exercised dominion and control over the substance.) (internal quotation marks omitted).

Other Questions


Is constructive possession a constructive possession charge? ("New York", United States of America)
Does a drug dealer have a constructive "possession" or constructive possession of heroin? (MultiRegion, United States of America)
Can a constructive amendment to a criminal charge be considered constructive amendment? (MultiRegion, United States of America)
Can a defendant plead not guilty on both charges of possession of methamphetamine and possession of an illegal substance? (MultiRegion, United States of America)
Does a conviction for possession rest on either actual or constructive possession? (MultiRegion, United States of America)
What are the instructions given to the jury in possession and constructive possession cases? (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 test for giving a jury a description of the elements of a constructive possession charge? (MultiRegion, United States of America)
What is the test for establishing that there is clear established Federal law governing the meaning of the word "clearly established federal law"? (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)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.