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Constructive possession can also refer to items inside of a vehicle. The owner and driver of the vehicle can be in constructive possession of all things inside their car. If a minor were driving their vehicle with passengers possessing alcohol or any illegal substance, the driver may be cited for constructive possession.
This led to the classic articulation of the mere evidence rule, which stated that the Fourth Amendment allowed only search and seizure of instrumentalities, fruits of the crime, and contraband, and that mere evidence could not be searched or seized. [4] The mere evidence rule has been praised as a valuable protection of individual privacy.
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.
In logic, the law of excluded middle or the principle of excluded middle states that for every proposition, either this proposition or its negation is true. [1] [2] It is one of the three laws of thought, along with the law of noncontradiction, and the law of identity; however, no system of logic is built on just these laws, and none of these laws provides inference rules, such as modus ponens ...
Adverse possession is a legal concept that occurs when a trespasser, someone with no legal title, can gain legal ownership over a piece of property if the actual owner does not challenge it within ...
Hudson v. Michigan, 547 U.S. 586 (2006), is a United States Supreme Court case in which the Court held that a violation of the Fourth Amendment requirement that police officers knock, announce their presence, and wait a reasonable amount of time before entering a private residence (the knock-and-announce requirement) does not require suppression of the evidence obtained in the ensuing search.
The doctrine of indoor management is an exception to this rule. The New York City Housing Court allows use of the concept of constructive notice by either the tenant or the landlord. For example, constructive notice could be given to a landlord if a broken and unsupported metal grate on a public sidewalk collapses when stepped on by a pedestrian.
Terry v. Ohio, 392 U.S. 1 (1968), was a landmark U.S. Supreme Court decision in which the court ruled that it is constitutional for American police to "stop and frisk" a person they reasonably suspect to be armed and involved in a crime.