Multistate Bar Examination Practice Question
A person can be criminally liable for possession of contraband if they knowingly have the ability to control the item, even if it is not physically on their person.
False
True
A person can be criminally liable for possession of contraband if they knowingly have the ability to control the item, even if it is not physically on their person.
False
True
This statement is correct because of the legal concept of constructive possession, which holds that a person may be criminally liable if they have knowledge of the contraband and the capability to control it, even in the absence of physical possession. For example, someone with access and control over drugs stored in their home could be found in constructive possession. If the person lacks control or knowledge, they cannot be held criminally liable for possession.
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