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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.
The mere evidence rule was drawn from the opinion of the United States Supreme Court in the case Boyd v. United States . [ 1 ] In Boyd , the Court ruled that a statute that compelled the production of documents as part of an investigation into the payment of duties was a violation of the Fourth and Fifth Amendments.
"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 ...
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 ...
Florence v. Board of Chosen Freeholders, 566 U.S. 318 (2012), was a United States Supreme Court case in which the Court held that officials may strip-search individuals who have been arrested for any crime before admitting the individuals to jail, even if there is no reason to suspect that the individual is carrying contraband.
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.
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.
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.