Legal Definitions - criminal possession

Criminal possession refers to the act of knowingly having physical control or dominion over an item that is illegal to possess, or possessing an item with the intent to use it for an unlawful purpose. For possession to be considered criminal, two key elements are generally required:

• Control: The individual must have actual physical control over the item, or the ability to exercise control over it (e.g., it's in their car, home, or on their person).
• Knowledge: The individual must be aware of the item's presence and generally its nature.

The "criminal" aspect arises either because the item itself is inherently illegal to possess (like certain controlled substances), or because the item, while not illegal in itself, is possessed under circumstances that make it unlawful (e.g., possessing stolen property, or a weapon with an intent to commit a crime).

Examples:

• Example 1: Possession of a Controlled Substance

  A person is pulled over for a routine traffic stop, and during a lawful search, a small bag containing methamphetamine is discovered in their jacket pocket. The individual admits they knew the substance was there and what it was.

  Explanation: This illustrates criminal possession because the individual had direct physical control over the methamphetamine (in their pocket) and was aware of its presence and nature. Methamphetamine is a controlled substance, making its possession illegal under the law, regardless of intent to distribute.

• Example 2: Possession of Stolen Property

  An individual purchases a brand-new, high-end laptop from a stranger on a street corner for an unusually low price, knowing that the serial numbers have been scratched off and having strong reason to believe the laptop was stolen. Police later trace the laptop back to a recent burglary.

  Explanation: Here, the individual has physical control over the laptop. While a laptop itself is not illegal, the possession becomes criminal because the individual knew or should have known that the item was stolen. The illegality stems from the item's origin and the possessor's knowledge, constituting criminal possession of stolen property.

• Example 3: Illegal Weapon Possession by a Prohibited Person

  A person with a prior felony conviction, who is legally prohibited from owning firearms, is found to have a handgun stored in a safe in their bedroom during a probation check. They admit to owning the firearm.

  Explanation: This demonstrates criminal possession because the individual, despite having control over the handgun and knowing what it was, is legally forbidden from possessing firearms due to their past criminal record. The possession is criminal not because the handgun itself is illegal for everyone, but because it is illegal for *this specific individual* to possess it.