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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.
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.
California, [7] the court eliminated the requirement that the discovery of evidence in plain view be inadvertent, which had caused ambiguity. [ 8 ] [ 9 ] [ 10 ] The case involved the plain view seizure of weapons related to a robbery, even though the warrant was signed by a judge who had specifically denied permission to seize weapons as part ...
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.
[7] Wilson states that: "Property is the right or lawful power, which a person has to a thing." He then divides the right into three degrees: possession, the lowest; possession and use; and, possession, use, and disposition – the highest. Further, he states: "Useful and skillful industry is the soul of an active life.
The arrest came after a “large seizure of contraband” was taken from a detainee’s cell. Weirich allegedly alerted detainees to upcoming cell searches. Smith was arrested Feb. 1.
In many legal systems, there may also be constructive possession by attornment. The law relating to perfection of security interests by taking of possession can sometimes be confused with the law relating to the granting of security interests, which provides that the deposit of certain assets (usually documents of title) can amount to an ...