Legal Definitions - actual possession

Actual Possession refers to the direct physical control a person has over an item or property. This means the individual is physically holding the object, has it on their person, or it is immediately accessible and under their direct command. It signifies a tangible, immediate relationship between the person and the thing possessed.

• Example 1: A shopper is pushing a grocery cart filled with items through a supermarket aisle.

  Explanation: The shopper has actual possession of the grocery cart and its contents because they are physically controlling its movement and have immediate access to the items within it. They are directly exercising dominion over the cart.

• Example 2: A student has their laptop open on their desk, actively typing notes during a lecture.

  Explanation: The student has actual possession of the laptop. Although not physically holding it, the laptop is directly in front of them, under their immediate control, and they are actively using it. It is within their physical sphere of influence.

• Example 3: A hiker is wearing a backpack containing their water bottle, snacks, and first-aid kit while on a trail.

  Explanation: The hiker has actual possession of all the items inside the backpack. Even though the items are not directly in their hands, they are on the hiker's person, immediately accessible, and under their direct control, demonstrating a clear physical relationship with the contents.