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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.
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 ...
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.
Near 3 a.m. on August 7, 1999, a police officer in Baltimore County, Maryland pulled over a car for speeding and for the driver's failure to wear a seatbelt.The car was being driven by Donte Partlow, the vehicle's owner, and had two passengers: Joseph Pringle in the front seat, and Otis Smith in the backseat.
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 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.
“Reward was dependent on gaining status, and with status came power — generally power over others,” said Deitch. He left Daytop and then moved to Chicago, where he worked in public health helping to oversee a variety of drug treatment programs including innovative ones that integrated a softer version of the “therapeutic community ...
Constructive Eviction does not have to be intentional by the landlord, and acts can range from failure to remove pests or fix necessary appliances, to changing locks or creating a hostile environment. Three conditions must be met for a circumstance to qualify as constructive eviction: [2] Wrongful conduct by the landlord