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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.
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.
The most common is "strict liability," meaning that there is no requirement of intent whatsoever: Merely being caught by law enforcement with the weapon in question under the circumstances described in the law (possession, concealed, or open) is a crime in and of itself, with almost no possible defense other than proving the item is not an ...
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 ...
Contraband (from Medieval French contrebande "smuggling") [1] is any item that, relating to its nature, is illegal to be possessed or sold. It comprises goods that by their nature are considered too dangerous or offensive in the eyes of the legislator—termed contraband in se—and forbidden. [2] [3] [4]
Texas law states: “A peace officer or any other person, may, without a warrant, arrest an offender when the offense is committed in his presence or within his view, if the offense is one classed ...
Minnesota v. Dickerson, 508 U.S. 366 (1993), was a decision by the Supreme Court of the United States.The Court unanimously held that, when a police officer who is conducting a lawful patdown search for weapons feels something that plainly is contraband, the object may be seized even though it is not a weapon.
In contrast, there is the argument for restraining legal powers to allow citizens the freedom to make victimless personal choices that may or may not be perceived as morally wrong. [22] Preventative law, such as sex offender registries and anti-social behavior orders, blurs the distinction between criminal and civil law because victimless crime ...