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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.
"Independent and Adequate: Maryland's State Exclusionary Rule for Illegally Obtained Evidence". University of Baltimore Law Review. 38 (2): 231–266. Maclin, Tracey (2003). "The Pringle Case's New Notion of Probable Cause: An Assault on Di Re and the Fourth Amendment". Cato Supreme Court Review: 395–438. Maryland v. Pringle, 540 U.S. 366 (2003)
[5] In certain cases, the possession does not need to be actual possession, but may be constructive possession. For example, possession of a document of title will often suffice where it is not possible to possess the goods. [6] In many legal systems, there may also be constructive possession by attornment.
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(5) The plaintiff therefore acquired not only a valid possession, but a title by occupancy, and by having expanded labor and money upon the property. Such a title is a good legal title against every person by the true owner. (6) If the plaintiff had a legal title then he had the constructive possession.
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