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Constructive possession [1] is a legal fiction to describe a situation in which an individual has actual control over chattels or real property without actually having physical control of the same assets. At law, a person with constructive possession stands in the same legal position as someone with actual possession.
"Institutional Settlement." As the name suggests, the legal process school was deeply interested in the processes by which law is made, and particularly in a federal system, how authority to answer various questions is distributed vertically (as between state and federal governments) and horizontally (as between branches of government) and how this impacts on the legitimacy of decisions.
The power of arrest is a mandate given by a central authority that allows an individual to remove a criminal's (or suspected criminal's) liberty. The power of arrest can also be used to protect a person, or persons from harm or to protect damage to property. However, in many countries, a person also has powers of arrest under citizen's arrest ...
In many legal systems, there may also be constructive possession by attornment. The law relating to perfection of security interests by taking of possession can sometimes be confused with the law relating to the granting of security interests, which provides that the deposit of certain assets (usually documents of title) can amount to an ...
Article 14.01 of the Texas Code of Criminal Procedure states that a peace officer “or other person” can make an arrest without a warrant when an offense is committed in their presence or ...
Arizona v. Gant, 556 U.S. 332 (2009), was a United States Supreme Court decision holding that the Fourth Amendment to the United States Constitution requires law-enforcement officers to demonstrate an actual and continuing threat to their safety posed by an arrestee, or a need to preserve evidence related to the crime of arrest from tampering by the arrestee, in order to justify a warrantless ...
One authority that allows searches is the common law Search Incident to Arrest (SITA) rule. The rule allows an officer to search and seize anything from a lawfully arrested person if such action would advance the objectives of the arrest, including the discovery of evidence, prevention of escape, or ensuring the safety of the officer or the ...
Adverse possession in common law, and the related civil law concept of usucaption (also acquisitive prescription or prescriptive acquisition), are legal mechanisms under which a person who does not have legal title to a piece of property, usually real property, may acquire legal ownership based on continuous possession or occupation without the permission of its legal owner.