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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.
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.
The doctrine only authorizes the seizure of contraband or evidence; it does not authorize a further search or additional investigation. [15] Therefore, if investigators do not have enough evidence to meet the probable cause requirement, they may not even conduct a relatively nonintrusive search to establish probable cause.
A former employee of the Polk County Sheriff's Office has been arrested on four counts of possession of contraband in a correctional institution. Mario Antonio Rocha, 26, was arrested shortly ...
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.
After introducing medically assisted treatment in 2013, Seppala saw Hazelden’s dropout rate for opiate addicts in the new revamped program drop dramatically. Current data, which covers between January 1, 2013 and July 1, 2014, shows a dropout rate of 7.5 percent compared with the rate of 22 percent for the opioid addicts not in the program.
Judge Timothy Brooks, who oversaw Josh’s child pornography trial, revealed in court documents obtained by Insider that Josh sexually abused four of his sisters when he was 14 and 15—and they ...
A search will be reasonable under section 8 if it is 1) authorized by law, 2) the law itself is reasonable, and 3) the search was conducted in a reasonable manner. [3] A reasonable law under section 8 is one which properly balances the privacy interests of the person with the law enforcement objectives of the state. [4]