US-CA11 · jury_instructions
11th Cir. Pattern Jury Instr. (Criminal) S6
Possession
The law recognizes several kinds of possession. A person may have actual
possession or constructive possession. And, if a person has actual or constructive
possession, he/she may have sole possession or joint possession.
“Actual possession” of a thing occurs if a person knowingly has direct
physical control of it. “Constructive possession” of a thing occurs if a person
doesn’t have actual possession of it but has both the power and the intention to take
control over it later.
“Sole possession” of a thing occurs if a person is the only one to possess it.
“Joint possession” of a thing occurs if two or more people share possession
of it. The term “possession” includes actual, constructive, sole, and joint
possession.
Provenance
- Source
- ca11.uscourts.gov
- Retrieved
- 2026-08-20
- Edition
- criminal-2024-04
- Content hash
9f1c9ca8b606d0f6fb2ebd02a2d7bbd738b03f38675315c03e55e630fe24cca7
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