Crim Law Possession

Front 1

MPC 2.01 (4) (Possession)

Back 1

Possession is an act if the possessor knowingly procured or received the thing possessed. OR was aware of his control thereof for a sufficient period of time to have been able to terminate his possession.

Front 2

People v. Lee

Back 2

Simple: having control of legal substance.

Compound: having control of illegal substance w/ intent to do a subsequent act w/ it.

(open container conviction: unconstitutional to criminalize simple possession here b/c status)

Front 3

Actual v. constructive possesion

Back 3

Actual: physical control (dominion)

Constructive: having control over an area or another person in actual possession: (1) Knowledge (2) dominion and control (MPC: ability to terminate) (3) intent to exercise dominion and control

Front 4

Rivera

Back 4

control over a person (constructive): D possesses if he has complete "dominion and control" over an object (ability to terminate)

P can prosecute more than one person for possession of same object: If you control it, you possess it.

Front 5

Valot

Back 5

control of space (constructive)

Once D knows of drugs, sufficient to find act if he failed to evict or get rid of drugs. (controlled b/c D paid for room where drugs found).

Front 6

Proximity

Back 6

Proximity alone insufficient for possession b/c no act (requires "something more" e.g. K)

BUT: can cause presumption from presence (Levya) to lower P's burden of proving possession. And can enable further presumptions (ex. presumption of compound possession)

Front 7

Rivas (common law)

Back 7

Need intent, not merely presence near drugs in car. Up to legislature, not court, to punish presence.

Front 8

Verez (statutory; joint possession)

Back 8

Statute: presence in vehicle of any firearm is presumptive evidence of possession by all except if found on the person of one of them. (otherwise everyone gets away)

Front 9

People v. Almodovar

Back 9

Uses a gun in self-defense: may still be guilty of possession.

(Reluctance to allow innocent possession defense (e.g. justification) unless negating offense elements.

Front 10

EC

Back 10

Allows "innocent" possession defense for nightclub bouncer b/c temporary possessing it to turn over to police.